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 terms

5. Delivery and shipping conditions

6. Reservation of title

7. Liability for defects (guarantee)

8. Liability

9. Redemption of gift certificates

10. Applicable law

11. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Michael Vollner, acting under "FIVE ANGEL" (hereinafter referred to as "Seller"), shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Client") with the Seller with regard to the goods presented by the Seller in his online shop. This is thereby objected to the inclusion of the customer's own conditions, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which cannot be attributed to either his commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts when concluding a legal transaction in the exercise of his commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by 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. After having placed the selected goods in the virtual shopping cart and passed through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the order process.

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 writing (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 at the customer is decisive, or

• by asking the customer to pay after submission of his order.

If several of the aforementioned alternatives are met, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer has dispatched the offer and ends at the end of the fifth day, which follows the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a refusal of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be 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 terms of use, which can be viewed at PayPal or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at PayPal. 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 time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the online order form of the seller, the text of the contract is stored by the seller after the conclusion of the contract and the customer is stored in writing (e.g. B. e-mail, fax or letter). The seller does not make any additional access to the contractual text. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.6 Before the order is binding via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which enables the display on the screen to be enlarged. The customer can correct his entries with the usual keyboard and mouse functions as part of the electronic ordering process until he clicks on the button, which completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, the customer must ensure that all e-mails sent by the seller or from third parties commissioned by the seller with the order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal results from the seller's notice of withdrawal.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices containing the statutory value added tax. If applicable, additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the online shop of the seller.

4.3 If you select a payment method offered by the "Shopify Payments" payment service, payment is processed 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 via Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use further payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on https://www.shopify.com/legal/terms-payments-de.

5) Terms of delivery and shipping

5.1 If the Seller offers the shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the customer, unless otherwise agreed. When the transaction is processed, the delivery address stated in the order processing of the seller is decisive. By way of derogation, the delivery address stored by the customer at the time of payment to PayPal is decisive when selecting PayPal.

5.2 If the delivery of the goods is responsible for the customer, the customer shall bear the reasonable costs incurred as a result. This does not apply with regard to the costs of sending the customer effectively exercises his right of withdrawal. In the case of the customer, the provision made in the sake of revocation in the seller's notice of revocation applies to the return costs in the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred to the customer or a person entitled to receive it. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold shall already be transferred to the customer, as soon as the seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated the shipment, if the customer has not commissioned the carrier, the carrier or the person or institution otherwise designed for the execution of the shipment.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or incorrect self-delivery. This applies only in the event that the non-delivery is not responsible for the seller and 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 non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5 It is not possible to pick up self-collection for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

- by e-mail

6) Reservation of title

If the seller makes advance payment, he reserves the right to ownership of the delivered goods until the purchase price owed has been paid in full.

7) Defectual liability (guarantee)

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

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;

• for new goods, the limitation period for defects one year from delivery of the goods;

• the rights and claims for defects are excluded for used goods;

• the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and reductions in deadlines do not apply

• for claims for damages and reimbursement of expenses of the customer,

• in case the seller has fraudulently concealed the defect,

• for goods which have been used for a building according to their usual use and whose defectiveness have caused,

• for any existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.

7.3 In addition, the statutory limitation periods for any existing statutory right of access remain unaffected for entrepreneurs.

7.4 If the customer acts as a merchant within the meaning of S.d. 1 HGB, the commercial inspection and notification obligation pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to provide the notification obligations regulated there, the goods shall be deemed approved.

7.5 If the customer is retailed as a consumer, he is asked to claim delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, contractual and statutory, also tortious claims for damages and replacements for expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

• in case of intent or gross negligence,

• in case of intentional or negligent injury to life, body or health,

• on the basis of a guarantee promise, unless otherwise stipulated in this respect,

• due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is licensed in accordance with the above figure. Essential contractual obligations are obligations that the contract imposes on the seller in accordance with its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

8.3 In all other respects, liability of the seller is excluded.

8.4 The aforementioned liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Redemption of gift certificates

9.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise provided by the voucher.

9.2 Gift vouchers and remaining credits of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiration date.

9.3 Gift vouchers can only be redeemed before the ordering process has been completed. Subsequent settlement is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

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

9.7 The balance of a gift voucher is not paid in cash or interest.

9.8 The gift voucher is intended only for use by the person named upon him. A transfer of the gift voucher to third parties is excluded. The seller is entitled, however, not obliged, to check the material entitlement to eligibility of the respective voucher holder.

10) Applicable law

All legal relationships of the parties are subject to the laws of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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