General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Damian Mestrovic, trading as "Damian Mestrovic" (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 by us 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 For the purposes of these Terms and Conditions, you are a consumer if you enter into a legal transaction for purposes that are predominantly neither attributable to your commercial nor your independent professional activity.

1.3 For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their 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 as an invitation to you to submit a binding offer.

2.2 You can 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 offer to purchase the goods in the shopping cart by clicking the button that completes the order 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
• 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 point in 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 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl 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/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 moment you click the button that completes the ordering process.

2.5 When you submit an offer via our company's online order form, the contract text will be stored by us after the conclusion of the contract and sent to you in text form (e.g., email, fax, or letter) after you submit your order. We will not make the contract text available to you in any other way. If you have created a user account in our online shop before submitting 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 using the corresponding login details.

2.6 Before submitting your order via our online order form, you can identify any input errors by carefully reading the information displayed on the screen. A useful technical aid for better error detection is your browser's zoom function, which enlarges the screen display. You can correct your entries during the electronic ordering process using standard keyboard and mouse functions until you click the button that completes the order.

2.7 The German language is available for concluding the contract.

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 that 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 your 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 citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are 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 quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond our control and must be borne by you. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers even 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 When selecting a payment method offered via the "PayPal" payment service, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers. If we also offer payment methods via PayPal where we extend credit to you in advance (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, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. We reserve the right to refuse the selected payment method 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 at the agreed payment intervals. In this case, you can only make payments with legally binding effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, we remain responsible for general customer inquiries. B. regarding goods, delivery time, shipping, returns, complaints, notices of cancellation and returns or credit notes.

4.5 When selecting the payment method "Sofortüberweisung" (Instant Bank Transfer), payment processing is 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 enabled for participation in "Sofortüberweisung," authenticate yourself accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna, and your bank account is debited. Further information on the "Sofortüberweisung" payment method can be found online at https://www.klarna.com/sofort/ retrieve.

4.6 When selecting a payment method offered via the "Shopify Payments" service, 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 displayed in our online shop. Stripe may use other payment services to process payments, for which separate terms and conditions may apply. You will be notified of these separately if applicable. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de available.

4.7 When selecting 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 conduct a credit check and to refuse this payment method in the event of a negative credit assessment.

5) Delivery and shipping conditions

5.1 If we offer shipping of the goods, delivery will be made within our specified delivery area to the delivery address you provide, unless otherwise agreed. The delivery address specified in our order processing system is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial shipment if you effectively exercise your right of withdrawal. For return shipping costs, the provisions set forth in our cancellation policy apply if you effectively exercise your right of withdrawal.

5.3 If you are acting as a business, the risk of accidental loss or damage to the goods sold passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to you upon delivery of the goods to you or an authorized recipient. Notwithstanding the above, if you are acting as a consumer, the risk of accidental loss or damage to the goods sold also passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that you have commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and we have not previously informed you of this person or entity.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper delivery to us by our suppliers. This applies only if the non-delivery is not our fault and we have concluded a specific cover transaction with the supplier with due diligence. We will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the payment will be refunded to you immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

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

7) Liability for defects (warranty)

Unless otherwise stipulated in the following provisions, the regulations governing statutory warranty rights apply. However, the following applies to contracts for the supply of goods:

7.1 If you are acting as an entrepreneur,

• We have the choice of the type of subsequent performance;
• For new goods, the limitation period for warranty claims is one year from delivery of the goods;
• For used goods, warranty rights are excluded;
• The limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.2 The aforementioned limitations of liability and reductions of time limits do not apply.

• for your claims for damages and reimbursement of expenses,
• in the event that we have fraudulently concealed the defect,
• for goods which, according to their usual purpose, have been used for a building and have caused its defectiveness,
• for any existing obligation on our part to provide updates for digital products, in the case of 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 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 of the HGB. If you fail to comply with the notification obligations stipulated therein, the goods are deemed to have been 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 person and to inform us of this. Failure to do so will not affect your statutory or contractual warranty rights.

8) Liability

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

8.1 We are fully liable for any legal reason

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

8.2 If we negligently breach a material contractual obligation, our liability is limited to the foreseeable damages typical for this type of contract, unless we are liable without limitation as per the preceding clause. Material contractual obligations are those obligations that the contract, according to its content, imposes on us for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which you may regularly rely.

8.3 Furthermore, we exclude any liability.

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

9) Applicable Law

9.1 All legal relations between you and us are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. If you are acting as a consumer, this choice of law applies only to the extent that it does not deprive you of the protection afforded to you by mandatory provisions of the law of the state in which you have your habitual residence.

9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

10) Alternative Dispute Resolution

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