General Terms and Conditions with Customer Information

This English version is a translation of the German version. In the event of any discrepancy between the two versions, the German version shall prevail.

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Prices and Payment Conditions
4. Shipment and Delivery Conditions
5. Granting Rights of Use for Digital Content
6. Force Majeure
7. Delay of Performance at the Client's Request
8. Reservation of Proprietary Rights
9. Liability for Defects / Warranty
10. Liability
11. Limitation Period
12. Retention, Set-off, Assignment
13. Special Conditions for the Processing of Goods According to Client's Specification
14. Applicable Law, Place of Jurisdiction

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Michael Quarz (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded between a trader (hereinafter referred to as "Client") and the Seller relating to the goods presented in the Seller's online shop. The inclusion of the Client's own conditions is herewith objected to, unless otherwise agreed.

1.2 These GTC shall also apply exclusively if the Seller carries out the delivery to the Client without reservation in the knowledge of conditions of the Client that conflict with or deviate from these GTC.

1.3 These GTC apply accordingly to contracts for the supply of digital content, unless expressly agreed otherwise.

1.4 A trader pursuant to 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 commercial or independent professional activity.

1.5 Traders pursuant to these GTC also include public authorities and other institutions under public law, if they act exclusively under private law when concluding the contract.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the electronic ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client's offer within five days,

• by transferring a written order confirmation or an order confirmation in text form (fax or e-mail); insofar receipt of the order confirmation by the Client is decisive, or
• by delivering the ordered goods to the Client; insofar receipt of the goods by the Client is decisive, or
• by requesting the Client to pay after the Client has placed the order, or
• if payment by direct debit is offered and the Client chooses this payment method, by collecting the total price from the Client's bank account; insofar the time at which the Client's account is debited is decisive.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Client has sent the offer and ends at the end of the fifth day following the sending of the offer. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by their declaration of intent.

2.4 When ordering via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending the order, the order data shall be archived on the Seller's website and can be accessed by the Client free of charge via the password-protected user account by specifying the corresponding login data.

2.5 Prior to submitting a binding order via the Seller's online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The Client can correct all the data entered via the usual keyboard and mouse functions during the electronic ordering process, until the Client clicks the button finalizing the ordering process.

2.6 The German and the English language are exclusively available for the conclusion of the contract.

2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address provided for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client's responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

2.8 If the parties have agreed on special conditions, these shall in principle not apply to concurrent or future contractual relationships with the Client.

2.9 If the Client is economically unable to fulfil their obligations towards the Seller, the Seller may terminate existing exchange contracts with the Client by withdrawal without notice. This also applies if the Client files for insolvency. Section 321 of the German Civil Code (BGB) and section 112 of the German Insolvency Code (InsO) remain unaffected. The Client shall inform the Seller in writing at an early stage of any impending insolvency.

3) Prices and Payment Conditions

3.1 When choosing a payment method offered via the payment service "Shopify Payments", payment will be processed via Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Client in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the Client may be referred separately. Further information on "Shopify Payments" can be found at https://www.shopify.com/payments ↗ (opens in a new tab).

3.2 Unless otherwise stated in the Seller's product description, prices indicated are net prices, to which the statutory sales tax is added. Packaging and shipping costs, loading, insurance (in particular transport insurance), customs duties and levies will be charged separately where applicable.

3.3 In case of delivery to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutions (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also be incurred if delivery is not made to a country outside the European Union but the Client carries out the payment from a country outside the European Union.

3.4 Various payment methods are available to the Client, which are indicated in the Seller's online shop.

3.5 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

3.6 A payment shall be deemed received as soon as the amount has been credited to one of the Seller's accounts. In the event of default of payment, the Seller is entitled to default interest of 10 percentage points above the respective base interest rate. The Seller's other statutory rights in the event of the Client's default of payment remain unaffected. If claims are overdue, incoming payments shall first be credited against any costs and interest, then against the oldest claim.

3.7 Should unforeseeable cost increases occur (e.g. currency fluctuations, unexpected price increases by suppliers etc.), the Seller is entitled to pass the price increase on to the Client. However, this only applies if delivery is to take place, as agreed, later than four months after conclusion of the contract.

4) Shipment and Delivery Conditions

4.1 Goods are delivered by shipment to the delivery address specified by the Client, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

4.2 The Seller is entitled to make partial deliveries insofar as this is reasonable for the Client. In the case of permissible partial deliveries, the Seller is also entitled to issue partial invoices.

4.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies 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 shall make all reasonable efforts to obtain the goods. In case of non-availability or only partial availability of the goods, the Client will be informed immediately and the consideration refunded immediately.

4.4 The risk of accidental loss and accidental deterioration of the goods sold passes to the Client as soon as the Seller has handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. This also applies if the Seller bears the transport costs. Transport insurance is only taken out at the Client's special request and expense.

4.5 If delivery is not possible for reasons for which the Client is responsible, for example because the goods do not fit through the Client's entrance door, front door or staircase, or because the Client is not found at the delivery address provided although the time of delivery was announced to the Client with reasonable notice, the Client shall bear the costs of the unsuccessful delivery and is obliged to pay a lump-sum compensation for delay. This amounts to 1 % for each full week of delay, but no more than 8 % in total of the value of the entire delivery or of the part of the entire delivery not accepted. The parties remain free to prove higher or lower damage.

4.6 If the shipment of the goods to the Client is delayed for reasons for which the Client is responsible, the risk passes as soon as the Client has been notified that the goods are ready for shipment. Any storage costs incurred after the passing of risk shall be borne by the Client.

4.7 Collection by the Client is not possible for logistical reasons.

4.8 Digital content will be provided to the Client exclusively in electronic form as follows:

• via download
• via e-mail

5) Granting Rights of Use for Digital Content

5.1 Unless otherwise stipulated in the description of contents displayed in the Seller's online shop, the Seller grants the Client the non-exclusive right, unlimited in relation to place and time, to use the contents supplied for private as well as business purposes.

5.2 The transmission of content to third parties or the production of copies for third parties is prohibited, unless the Seller has consented to the transfer of the contractual license to the third party.

5.3 The granting of rights shall become effective only when the Client has fully paid the remuneration owed. The Seller may also grant provisional permission to use the contractual content before this date. Such provisional permission does not constitute a transfer of rights.

6) Force Majeure

In the event of force majeure affecting the performance of the contract, the Seller is entitled to postpone delivery for the duration of the impediment and, in the event of longer delays, to withdraw from the contract in whole or in part, without the Client being able to derive any claims against the Seller from this. Force majeure includes all events that are unforeseeable for the Seller, or events which, even if foreseeable, lie outside the Seller's sphere of influence and whose effect on the performance of the contract cannot be prevented by reasonable efforts of the Seller. Any statutory claims of the Client remain unaffected.

7) Delay of Performance at the Client's Request

If shipment or delivery of the goods is delayed at the Client's request by more than one month after notification that the goods are ready for shipment, the Client may be charged a storage fee of 0.5 % of the purchase price for each further month or part thereof, but no more than 5 % of the purchase price in total. The contracting parties remain free to prove higher or lower damage.

8) Reservation of Proprietary Rights

8.1 The Seller retains title to the delivered goods until the purchase price owed has been paid in full. Furthermore, the Seller retains title to the delivered goods until all of the Seller's claims arising from the business relationship with the Client have been fulfilled.

8.2 If the delivered goods are processed, the Seller shall be deemed the manufacturer and shall acquire ownership of the newly created goods. If the processing takes place together with other materials, the Seller acquires ownership in the ratio of the invoice value of the Seller's goods to that of the other materials. If, in the event of the goods of the Seller being combined or mixed with an item of the Client, the latter is to be regarded as the main item, co-ownership of the item passes to the Seller in the ratio of the invoice value of the Seller's goods to the invoice value or, in the absence of such, to the market value of the main item. In these cases, the Client shall be deemed the custodian.

8.3 The Client may neither pledge nor transfer by way of security items subject to retention of title or other reserved rights. The Client is only permitted to resell the goods in the ordinary course of business as a reseller, on condition that the Client has effectively assigned to the Seller the claims against their customers arising from the resale and that the Client transfers ownership to their customer subject to payment. By concluding the contract, the Client assigns to the Seller by way of security the claims against their customers in connection with such resales, and the Seller accepts this assignment at the same time.

8.4 The Client shall notify the Seller immediately of any access by third parties to goods owned or co-owned by the Seller or to the assigned claims. The Client shall immediately pass on to the Seller any amounts collected that were assigned to the Seller, insofar as the Seller's claim is due.

8.5 Insofar as the value of the Seller's security rights exceeds the amount of the secured claims by more than 10%, the Seller shall release a corresponding portion of the security rights at the Client's request.

9) Liability for Defects / Warranty

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following applies:

9.1 Claims for defects do not arise in the case of natural wear and tear or damage occurring after the passing of risk as a result of faulty or negligent handling, excessive strain, unsuitable operating materials, or due to special external influences that are not assumed under the contract. If the Client or third parties carry out improper modifications or repairs, there shall likewise be no claims for defects in respect of these and the resulting consequences, unless the Client can prove that the fault complained of was not caused by these modifications or repairs.

9.2 An insignificant defect does not give rise to warranty claims and does not entitle the Client to refuse delivery of the goods. Should part of the goods be affected by a significant defect, the Client is not entitled to refuse the entire delivery. This does not apply if the partial delivery is of no interest to the Client. Furthermore, the Client may only withhold payments to an extent that is reasonably proportionate to the defect that has occurred. If the item is provided free of charge, the Seller's liability for defects is excluded, unless there is intent or gross negligence.

9.3 For new goods, the limitation period for claims for defects shall be one year from delivery of the goods. For used goods, claims for defects are excluded.

9.4 The above-mentioned limitations of liability and shortening of the limitation period do not apply

• to goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
• to claims of the Client for damages and reimbursement of expenses,
• if the Seller has fraudulently concealed the defect, and
• to the Client's statutory right of recourse against the Seller

9.5 In the event of subsequent performance, the Seller may choose between repair and replacement delivery.

9.6 If a replacement delivery is made within the scope of liability for defects, the limitation period does not begin anew.

9.7 If subsequent performance has been made by way of replacement delivery, the Client is obliged to return the goods first delivered to the Seller within 30 days. The return parcel must state the reason for the return, the Client's name and the number assigned to the purchase of the defective goods, so that the Seller can allocate the returned goods. As long as and insofar as the allocation of the return is not possible for reasons for which the Client is responsible, the Seller is not obliged to accept returned goods or to refund the purchase price. The Client shall bear the costs of any renewed shipment.

9.8 If the Seller delivers a defect-free item for the purpose of subsequent performance, the Seller may claim compensation for use from the Client pursuant to section 346 (1) of the German Civil Code (BGB). Other statutory claims remain unaffected.

9.9 If the Client is a merchant pursuant to section 1 of the German Commercial Code (HGB), the Client has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of notification specified therein, the goods shall be deemed approved.

10) Liability

The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

10.1 The Seller is liable without limitation for any legal reason

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

10.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the Seller in accordance with its content in order 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 Client can regularly rely. Otherwise, liability on the part of the Seller is excluded, unless unlimited liability applies in accordance with the above paragraph.

10.3 The above liability provisions also apply with regard to the liability of the Seller for vicarious agents and legal representatives.

11) Limitation Period

Claims of the Client against the Seller, with the exception of the claims governed under "Liability for Defects / Warranty", become time-barred one year after knowledge of the facts giving rise to the claim, but no later than five years after performance, unless unlimited liability applies in accordance with the above paragraph.

12) Retention, Set-off, Assignment

12.1 Rights of retention and rights to refuse performance of the Client are excluded, unless the Seller does not dispute the underlying counterclaims or these have been finally established by a court.

12.2 Set-off by the Client against counterclaims is excluded, unless these counterclaims are undisputed, have been finally established by a court, or arise from claims of the Client under the same contractual relationship for which the Client would have a statutory right of retention.

12.3 Assignment by the Client of claims arising from the contract concluded with the Client, in particular assignment of any claims for defects of the Client, is excluded.

13) Special Conditions for the Processing of Goods According to Client's Specification

13.1 If, according to the terms of the contract, the Seller owes the delivery of the goods as well as the processing of the goods according to certain specifications of the Client, the Client shall make available to the Seller all contents required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the necessary rights of use. The Client is solely responsible for the procurement and acquisition of rights for such content. The Client declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, the Client shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personal rights.

13.2 The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller's contractual use of the Client's content. The Client shall also bear the necessary costs of legal defense, including all court and lawyer's fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully and completely with all information that is necessary for the verification of the claims and for a defense.

13.3 The Seller reserves the right to refuse processing orders if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive or youth-endangering, and/or glorifies violence.

14) Applicable Law, Place of Jurisdiction

14.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods.

14.2 If the Client 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 Client 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 Client'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 Client's registered office.

Version: 07.10.2026