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 Conditions
5. Delivery and Shipping Conditions
6. Granting of Usage Rights for Digital Content
7. Retention of Title
8. Liability for Defects (Warranty)
9. Applicable Law
10. Information on Packaging, System Participation, and Disposal
11. Alternative Dispute Resolution

1) Scope of Application

1.1  These General Terms and Conditions (hereinafter "GTC") of Linda Reich, trading as "LEVATE UG (haftungsbeschränkt)"; (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2  These GTC apply mutatis mutandis to contracts for the delivery of digital content, unless expressly stated otherwise.

1.3  A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.4  Digital content within the meaning of these GTC are all data not contained on a physical data carrier, which are produced in digital form and provided by the Seller with the granting of certain usage rights regulated in more detail in these GTC.

2) Conclusion of Contract

2.1  The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

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 going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by e-mail or post.

2.3  The Seller can 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, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the submission of their 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 the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4  If a payment method offered by PayPal is selected, payment processing is carried out 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 User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available 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 in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5  If the "Amazon Payments" payment method is selected, payment processing is carried out via 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, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, they also issue a payment order to Amazon. In this case, the Seller already declares acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.6  When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The contract text is not made accessible by the Seller beyond this.

2.7  Before submitting a binding order via the Seller's online order form, the Customer 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 browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8  Only the German language is available for the conclusion of the contract.

2.9  Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing 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 the Seller's cancellation policy.

3.3  The right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of concluding the contract are outside the European Union.

4) Prices and Payment Conditions

4.1  Unless otherwise stated in the Seller's product description, the prices quoted are total prices. Value added tax is not shown, as the Seller is a small business owner within the meaning of the German Value Added Tax Act (UStG). Any additional delivery and shipping costs will be 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 the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit 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 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 is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5  If the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", legitimize themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately thereafter by "SOFORT" and the Customer's bank account is debited. Further information on the payment method "SOFORT" can be found by the Customer on the Internet at https://www.klarna.com/sofort/.

4.6  If one of the payment methods offered via the payment service "Shopify Payments" is selected, payment processing is carried out via 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 the customer in the Seller's online shop. For processing payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer will be separately informed if necessary. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 The delivery of goods takes place by shipping to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2  If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the regulation set out in the Seller's cancellation policy applies.

5.3  In the case of self-collection, the Seller will first inform the Customer by e-mail that the goods ordered by them are ready for collection. After receiving this e-mail, the Customer can collect the goods at the Seller's premises by arrangement with the Seller. In this case, no shipping costs will be charged.

5.4  Digital content will be provided to the Customer exclusively in electronic form as follows:

• by download
• by e-mail

6) Granting of Usage Rights for Digital Content

6.1  Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer a non-exclusive, geographically and temporally unlimited right to use the provided content exclusively for private purposes.

6.2  The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the Seller has agreed to a transfer of the license that is the subject of the contract to the third party.

6.3  The granting of rights only becomes effective when the Customer has fully paid the contractually owed remuneration. The Seller may provisionally allow the use of the contractual content even before this time. A transfer of rights does not take place through such a provisional permission.

7) Retention of Title

If the Seller performs in advance, they reserve ownership of the delivered goods until full payment of the owed purchase price.

8) Liability for Defects (Warranty)

8.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

8.2  Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs after one year from the delivery of the goods. Defects that occur within one year from the delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply

• for items that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the Customer, and
• in the event that the Seller has fraudulently concealed the defect.

8.3  If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

9) Applicable Law

9.1  All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their 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 concluding the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of concluding the contract are outside the European Union.

10) Information on Packaging and Disposal

10.1 The Seller is registered with the Stiftung Zentrale Stelle Verpackungsregister (Central Agency Packaging Register Foundation) in accordance with the provisions of the Packaging Act (VerpackG) and participates in a dual system.

10.2 Customers are obliged to dispose of the sales packaging used by the Seller according to the locally provided collection systems (e.g. waste paper bin, recyclable waste collection or residual waste).

11) Alternative Dispute Resolution

11.1  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 contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

11.2  The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.