General Terms and Conditions (GTC)

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. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Place of jurisdiction
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of WEBGLOBIC TECHNOLOGIES GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless something else has been agreed.

1.2 "These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated."

1.3 "Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity."

1.4 "Entrepreneur within the meaning of these GTC 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 from the seller, but serve to submit 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. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller via email or through the online contact form.

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 (email), 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 requesting the customer to make payment after placing their order.

If several of the aforementioned alternatives are present, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the offer is sent by the customer and ends with the expiration 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 is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.

2.4 "When selecting a payment method offered by PayPal, the payment processing is carried out 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 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 terms 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 during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment 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 will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email or letter) after the customer has sent their order. No further accessibility of the contract text by the seller will take place."

2.6 Before the binding submission of the 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, which allows the display on the screen to be enlarged. The customer can correct their entries within the electronic ordering process as long as they use the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 "The German language is available for the conclusion of 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 for order processing can be delivered when using SPAM filters.

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 are not a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's 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 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. This includes, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or customs duties and taxes (e.g. tariffs). Such costs may also arise in relation to money transfers even if the delivery does not take place in 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 "When selecting a payment method offered through the payment service 'Shopify Payments', the 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 referred to as 'Stripe'). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use additional payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about 'Shopify Payments' can be found online at" https://www.shopify.com/legal/terms-payments-de available.

 5) Delivery and Shipping Conditions

5.1 "If the seller offers shipping of the goods, the delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In 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 attributable to the customer, 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 shipping costs, the provisions made in the seller's withdrawal instruction apply in the case of an effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment 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 applies only if the non-delivery is not the fault of the seller and the seller has concluded a specific covering 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 without delay.

5.5 Vouchers will be provided to the customer as follows:

• by E-Mail

6) Retention of title

"If the seller makes an advance payment, he retains ownership of the delivered goods until the full payment of the owed purchase price is made."

7) Liability for defects (Warranty)

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

7.1 If the customer acts as an entrepreneur,

• "does the seller have 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;
• are the rights and claims due to defects excluded for used goods;
• "Does the limitation period not begin anew when a replacement delivery is made within the scope of liability for defects?"

7.2 The liability limitations and deadline reductions regulated above do not apply.

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual manner of use and have caused its defects,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 "If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated therein, the goods shall be deemed approved."

7.5 "If the customer acts as a consumer, they are requested to report any delivered goods with obvious transport damage to the carrier and to inform the seller of this. If the customer fails to do so, it will have no effect on their statutory or contractual claims for defects."

 8) Liability

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

8.1 The seller is liable without limitation for any legal reason.

• in case of intent or gross negligence,
• in the event of intentional or negligent violation of life, body, or health,
• 'based on a guarantee promise, unless otherwise regulated in this regard,'
• due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated in the preceding clause. Material contractual obligations are those duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on whose compliance the customer can regularly rely.

8.3 Furthermore, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the liability of the seller for his agents and legal representatives.

9) Redemption of promotional vouchers

9.1 "Vouchers that are issued by the seller as part of promotional campaigns with a specific validity period free of charge and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period."

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the order process. A subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

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

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller can fulfill their obligation with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of representation authority of the respective holder.

10) Redemption of gift vouchers

10.1 "Vouchers that can be purchased through the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher."

10.2 Gift vouchers and remaining balances from gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.

10.4 Multiple gift vouchers can also be redeemed in a single order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

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

10.8 The gift voucher is transferable. The seller can perform 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 entitlement, legal incapacity, or lack of representation authority of the respective holder.

11) Applicable Law

11.1 "For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence."

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not residents of any Member State of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are located outside the European Union.

12) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a public law special fund 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 shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the aforementioned cases, the seller is in any case entitled to call upon the court at the customer's registered office.

13) Alternative Dispute Resolution

13.1 '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.

13.2 "The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board."