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 Terms of Payment
5. Terms of Delivery and Shipping
6. Granting of rights of use for Digital Content
7. Retention of Title
8. Liability for defects (warranty)
9. Liability
10. Special conditions for processing goods according to specific customer specifications
11. Special conditions for assembly/installation services
12. Redemption of promotional vouchers
13. Redemption of gift vouchers
14. Applicable law
15. Place of jurisdiction
16. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Xanadu Evolution e.K., owner: Karsten Wagner (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or trader (hereinafter "Customer") and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly provided in this respect.

1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise expressly provided in this respect. Digital content within the meaning of these GTC is data that is produced and supplied in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession.

1.5 A trader 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 their trade, business or self-employed profession.

1.6 If the Customer is domiciled in Switzerland or Liechtenstein and uses as billing and delivery address an address provided by MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf"), the following terms apply with the proviso that "MeinEinkauf", instead of the Seller, becomes the Customer's contractual partner. In this case, the Seller acts merely as an intermediary between the Customer and MeinEinkauf and does not itself become a party to the purchase contract. The Customer is expressly informed of this in the Seller's online shop. In this case, MeinEinkauf is responsible for the processing of the contract. In this case, the Seller handles the correspondence with the Customer on behalf of MeinEinkauf. This also applies to correspondence in connection with any impairments of performance, in particular where the Customer asserts claims for defects.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail, via the online contact form or by telephone.

2.3 The Seller may 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 receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting the Customer to make payment after the Customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end 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 is processed 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/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby already declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment is processed 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://pay.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 the Customer at the same time also issues a payment order to Amazon. In this case, the Seller hereby already declares acceptance of the Customer's offer at the point in time at which the Customer triggers the payment transaction by clicking the button that concludes the ordering process.

2.6 When an order is placed via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and is sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted their order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.7 Before bindingly submitting 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 of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 The English and German languages are available for the conclusion of the contract.

2.9 Orders are generally processed automatically by e-mail. The Customer must ensure that the e-mail address they provide for order processing is correct so that the e-mails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

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

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices that include statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 In the case of 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 the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also arise 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 payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes advance performance vis-à-vis the Customer (e.g. purchase on account or payment by instalments), the Seller assigns its payment claim to that extent to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and return shipments, or credit notes.

4.6 If the payment method "Sofortüberweisung" is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account that has been activated for participation in "Sofortüberweisung", must identify themselves accordingly during the payment process and must confirm the payment instruction. The payment transaction is carried out by Klarna immediately afterwards and the Customer's bank account is debited. The Customer can obtain further information on the "Sofortüberweisung" payment method on the internet at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the payment service "Apple Pay" is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use further payment services to process payments, to which special payment terms may apply and of which the Customer may be informed separately. Further information on Apple Pay is available on the internet at https://www.apple.com/de/apple-pay/.

4.8 If a payment method offered via the payment service "Google Pay" is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. Google may use further payment services to process payments, to which special payment terms may apply and of which the Customer may be informed separately. Further information on Google Pay is available on the internet at https://pay.google.com/intl/de_de/about/.

4.9 If a payment method offered via the payment service "Stripe" is selected, payment is processed 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 Stripe are communicated to the Customer in the Seller's online shop. Stripe may use further payment services to process payments, to which special payment terms may apply and of which the Customer may be informed separately. Further information on Stripe is available on the internet at https://stripe.com/de.

4.10 If a payment method offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms in this regard can be viewed here:

https://energiebilder.org/zahlungsmethoden/

5) Terms of Delivery and Shipping

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. By way of derogation, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If 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. With regard to the costs of the outbound shipment, this does not apply if the Customer effectively exercises their right of withdrawal. Where the Customer effectively exercises the right of withdrawal, the return shipping costs are governed by the provision made in this respect in the Seller's withdrawal policy.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the Customer or to a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer, even in the case of consumers, as soon as the Seller has handed over the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer domiciled in Germany or as a trader, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this applies only if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed without undue delay and any consideration already paid will be refunded without undue delay.

5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods from the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs are charged.

5.6 Digital content is provided to the Customer as follows:

- by direct access via the Seller's website

5.7 Vouchers are provided to the Customer as follows:

• by e-mail
• by post

6) Granting of Rights of Use for Digital Content

6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive right, unrestricted in terms of place and time, to use the content provided exclusively for private purposes.

6.2 Insofar as the contract relates to the one-off provision of digital content, the granting of rights only becomes effective once the Customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not result in a transfer of rights.

7) Retention of Title

If the Seller makes advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as a trader,

• the Seller shall have the choice of the type of subsequent performance;
• for new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
• for used goods, rights relating to defects are excluded;
• the limitation period shall not start anew if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and shortened periods set out above do not apply

• to claims of the Customer for damages and reimbursement of expenses,
• in the event that the Seller has fraudulently concealed the defect,
• to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

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

8.4 If the Customer acts as a merchant within the meaning of Section 1 HGB (German Commercial Code), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.

8.5 If the Customer acts as a consumer, the Customer is requested to report delivered goods with obvious transport damage to the carrier and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on the Customer's statutory or contractual claims for defects.

9) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

9.1 The Seller shall be liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act (Produkthaftungsgesetz).

9.2 If the Customer acts as a consumer resident in Germany or as a trader, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless the Seller is liable without limitation pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely. In all other respects, the Seller's liability is excluded, unless the Seller is liable without limitation pursuant to the preceding clause.

9.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

10) Special conditions for processing goods according to specific customer specifications

10.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the Customer, the Customer shall provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller, and shall grant the Seller the rights of use required for this purpose. The Customer alone is responsible for procuring this content and acquiring the rights to it. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personality rights.

10.2 The Customer shall indemnify the Seller against claims of third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the necessary costs of legal defence, including all court and attorney's fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for examining the claims and for a defence.

10.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends against public morals. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

11) Special conditions for assembly/installation services

If, according to the content of the contract, the Seller owes not only the delivery of goods but also the assembly or installation of the goods at the Customer's premises and, where applicable, corresponding preparatory measures (e.g. taking measurements), the following applies:

11.1 The Seller shall provide its services, at its discretion, in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer is not entitled to select a specific person to carry out the desired service.

11.2 The Customer shall provide the Seller completely and truthfully with the information required for rendering the service owed, unless, according to the content of the contract, obtaining such information falls within the scope of the Seller's obligations.

11.3 After conclusion of the contract, the Seller will contact the Customer in order to agree on an appointment for the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller has access to the relevant facilities of the Customer at the agreed time.

11.4 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer only upon completion of the assembly work and handover to the Customer.

12) Redemption of promotional vouchers

12.1 Vouchers which are issued by the Seller free of charge as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

12.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

12.3 Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

12.4 Only one promotional voucher can be redeemed per order.

12.5 If the promotional voucher relates to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

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

12.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

12.8 The promotional voucher will not be refunded if the Customer returns goods paid for in full or in part with the promotional voucher within the scope of the Customer's statutory right of withdrawal.

12.9 The promotional voucher is transferable. The Seller may make performance 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 lack of knowledge of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

13) Redemption of gift vouchers

13.1 Gift vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

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

13.3 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

13.4 The gift voucher is transferable. The Seller may make performance 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 lack of knowledge of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

14) Applicable law

14.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods (UN Convention on Contracts for the International Sale of Goods (CISG)). For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

14.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of conclusion of the contract.

15) Place of jurisdiction

If the Customer acts 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 shall be the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring an action before the court at the Customer's registered office.

16) Alternative dispute resolution

The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.