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 means of a one-time delivery or the purchase of goods by means of a permanent 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 represent 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 contractual offer regarding 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 email), whereby the receipt of the order confirmation by you is decisive, or
• delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
• 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 consequence that you are no longer bound by your declaration of intent.

2.4 If you choose 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 terms and 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 in the online ordering process, we hereby declare our acceptance of your offer at the time you click the button that completes the ordering process.

2.5 If you select the "Amazon Payments" payment method, payment processing will be handled 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, viewable 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 initiate 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 conclusion of the contract and send it to you in text form (e.g. email, fax or letter) after you have sent 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, 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 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 the magnification function of your browser, which enlarges 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 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 email and automated order processing. You must ensure that the email address you provided 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.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in our product description, the prices given are total prices that include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

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

4.3 If advance payment 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", payment processing will be handled by 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 advance payment 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 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 payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of the assignment of claims, we remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and sending of cancellations or credit notes.

4.5 If you select the "Sofortüberweisung" payment method, payment processing will be handled 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 "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 online at https://www.klarna.com/sofort/.

4.6 If you select a payment method offered via the payment service "Shopify Payments", payment processing will be handled by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. Shopify may use other payment services for payment processing, for which special payment conditions may apply, which you may be separately informed about. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.7 If you select a payment method offered via the payment service "Apple Pay", payment processing will be handled by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to you in our online shop. For payment processing, Apple may use other payment services, for which special payment conditions may apply, which you may be separately informed about. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.8 If you select a payment method offered via the payment service "Google Pay", payment processing will be handled by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to you in our online shop. For payment processing, Google may use other payment services, for which special payment conditions may apply, which you may be separately informed about. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.9 If you select a payment method offered via the payment service "Ratepay" (e.g., Ratepay invoice, Ratepay advance payment, Ratepay direct debit, Ratepay installment payment), payment processing will be handled by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"), to whom we assign our claim against you. The specific Ratepay payment methods we offer 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 returns, or credit notes). Otherwise, the general payment conditions of Ratepay apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.10 If you select a payment method offered via the payment service "VR Payment", payment processing will be handled 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. For payment processing, VR Payment may use the services of third-party payment service providers, for which special payment conditions may apply, which you may be separately informed about. Further information on "VR Payment" is available online 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 processing will be handled 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. For payment processing, Commerz Global Pay may use the services of third-party payment service providers, for which special payment conditions may apply, which you may be separately informed about. Further information on "Commerz Global Pay" is available online 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 processing will be handled 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. For payment processing, Adyen may use the services of third-party payment service providers, for which special payment conditions may apply, which you may be separately informed about. Further information on "Adyen" is available online at https://www.adyen.help/hc/de.

4.13 If you select a payment method offered via the payment service "Unzer", payment processing will be handled 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. For payment processing, Unzer may use the services of third-party payment service providers, for which special payment conditions may apply, which you may be separately informed about. Further information on "Unzer" is available online at https://www.unzer.com/de/zahlungsmethoden/.

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

4.15 If you select a payment method offered via the payment service "Klarna", payment processing will be handled 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://devyne.de/checkouts/cn/hWNFzAp9PzU8Tf3Toalg1cJS/de-de?_r=AQABaJHBb-C1Y-rabdsVlj21hFHf1UEmkmmv7FRhlRYc1vo

4.16 If you select a payment method offered via the payment service "SumUp", payment processing will be handled 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. For payment processing, SumUp may use other payment services, for which special payment conditions may apply, which you may be separately informed about. Further information on SumUp is available online at https://www.sumup.com/de-de/.

4.17 If you select credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which is authorized by us to collect receivables on our behalf. PAYONE GmbH collects the invoice amount from your specified credit card account. Your credit card will be charged immediately after you send your order 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 submissions, or credits.

4.18 If you select credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz, Germany (www.secupay.ag), to which we assign our payment claim. secupay AG collects the invoice amount from your specified credit card account. In the event of an 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, declarations of withdrawal and submissions, or credits.

4.19 If you select credit card as the payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out 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.

4.20 If you select "Riverty Installment Payment" as the payment method, payment processing is carried out by Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (hereinafter "Riverty"), to which we assign our payment claim. Before accepting our declaration of assignment, Riverty carries out a credit check using your transmitted customer data. We reserve the right to refuse you the "Riverty Installment Payment" payment method in the event of a negative check result. If the "Riverty Installment Payment" payment method is approved by Riverty, you must pay the invoice amount to Riverty under the conditions specified by us and 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, declarations of withdrawal and submissions, or credits. In addition, the Special Contract Conditions for subsequent installment payment transactions (Riverty Installment Payment) apply, which can be accessed online at https://documents.riverty.com/terms_conditions/payment_methods/installments/de_de/.

5) Delivery and Shipping Conditions

5.1 If we offer shipping of goods, delivery will be made within the delivery area specified by us to the delivery address you provided, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing is decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address you 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 return costs, the provisions in our cancellation policy apply 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, the risk of accidental loss and accidental deterioration of the sold goods also passes to you, even if you act as a consumer, 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 If you are a consumer residing in Germany or an entrepreneur, we reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. However, this only applies if we are not responsible for the non-delivery and we have concluded a concrete hedging transaction with the supplier with due diligence. 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:

• via download
• via email

6) Contract Duration and Termination of Subscription Contracts for Goods

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

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 via the termination device (cancellation button) provided by us on our website.

7) Retention of Title

If we provide advance performance, we reserve ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise stipulated 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:

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 course of liability for defects.

8.2 The aforementioned limitations of liability and shortening of deadlines 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 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 delivered goods with obvious transport damage to the delivery agent and to inform us thereof. If you do not comply with this, it will have no effect on your statutory or contractual claims for defects.

9) Liability

We are liable to you for all contractual, quasi-contractual and statutory, as well as 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, limb or health,
• due to a guarantee promise, unless otherwise stipulated in this regard,
• due to mandatory liability, such as under the Product Liability Act.

9.2 If you are a consumer residing in Germany or an entrepreneur, the following limitations of liability apply:

If we negligently breach a material contractual obligation, our liability is limited to the contractually typical, foreseeable damage, unless we are liable without limitation in accordance with 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 the observance of which you can regularly rely. Otherwise, liability on our part is excluded, unless we are liable without limitation in accordance with the preceding paragraph.

9.3 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 promotion if such a restriction results from the content of your promotional voucher.

10.3 Promotional vouchers can only be redeemed before completing the ordering process. 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 a percentage discount, your merchandise value must at least correspond 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 bear interest.

10.8 The promotional voucher will not be refunded if you return 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 credit balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining credit balances will be credited to you until the expiration date.

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

11.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further 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 credit of a gift voucher will neither be paid out in cash nor bear 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 place of business. If you are domiciled outside the territory of the Federal Republic of Germany, our place of business 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 above cases, however, we are in any case entitled to appeal to the court at your domicile.

14) Alternative Dispute Resolution

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