Terms and Conditions with customer information

Contents 1. Scope 2. Conclusion of Contract 3. Right of Revocation 4. Prices and Terms of Payment 5. Terms of Delivery and Delivery 6. Term of Contract and Termination of Subscription Contracts 7. Retention of Title 8. Liability for Defects (Guarantee) 9. Redemption of Action Vouchers 10. Redemption of Gift Vouchers 11. Applicable Law 12. Jurisdiction 13. Alternative Dispute Resolution

1) Scope 1.1 These General Terms and Conditions (hereafter “GTC”) of WEGAIN GmbH (hereafter referred to as “Seller”) apply to all contracts concerning the delivery of goods that a consumer or contractor (hereinafter “Customer”) with the Seller with regard to the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise. 1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated otherwise. 1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity. 1.4 Subject of the contract may be – depending on the product description of the seller – both the purchase of goods by a one-time delivery and the purchase of goods by means of a permanent delivery (hereinafter referred to as “subscription contract”). In the case of a subscription contract, the seller agrees to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually due time intervals. </ P>

2) Conclusion of the contract 2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer. 2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone, by e-mail, by post or by online contact form to the seller. 2.3 The seller can accept the offer of the customer within five days, – by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or – by he delivers the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or – by requesting the customer to pay after submitting his order.

If there are more than one of the alternatives mentioned above, the contract will be concluded at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. 2.4 If the payment method “PayPal Express” is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or – if the customer does not have a PayPal account – under the conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full. If the customer selects “PayPal Express” as a payment method in the online order process, he also issues a payment order to PayPal by clicking on the button that concludes the order process. For this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process. 2.5 When submitting an offer via the online order form of the seller, the contract text is saved by the seller and the customer after sending his.

Order in addition to these terms and conditions in text form (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller’s website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before sending his order. 2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process. 2.7 Only the German language is available for the conclusion of the contract. 2.8 The 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 him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Withdrawal 3.1 Consumers are in principle entitled to a right of withdrawal. 3.2 Further information on the right of revocation results from the revocation instruction of the seller.

4) Prices and terms of payment 4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even 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 online shop of the seller. 4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date. 4.5 If payment is made by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or – if the customer does not have a PayPal account – under the conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full. 4.6 If you select the payment method Invoice Purchase, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deductions, unless otherwise agreed. The seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop on a corresponding payment restriction. 4.7 If you select the payment method Invoice Purchase, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deductions, unless otherwise agreed. The seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop on a corresponding payment restriction. The seller further reserves the right to carry out a credit check when selecting the payment method Invoice Purchase and to reject this method of payment if the credit check is negative. 4.8 If the payment method SEPA direct debit is selected, the invoice amount is due for payment after the issuing of a SEPA direct debit mandate, but not before expiry of the deadline for the preliminary information. The collection of the direct debit takes place when the ordered goods leave the warehouse of the seller, but not before the deadline for the preliminary information. Pre-notification is any notification (for example, invoice, policy, contract) of the seller to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear the chargeback of the respective credit institution, if he is responsible for this.

4.9 When selecting the SEPA direct debit payment method, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the preliminary information has expired. The collection of the direct debit takes place when the ordered goods leave the warehouse of the seller, but not before the deadline for the preliminary information. Pre-notification is any notification (for example, invoice, policy, contract) of the seller to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear the chargeback of the respective credit institution, if he is responsible for this , The seller reserves the right to carry out a credit check when selecting the payment method SEPA direct debit and to reject this method of payment if the credit check is negative.

5) Delivery and Shipping Conditions 5.1 The delivery of goods shall be made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment by PayPal shall prevail. 5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller. 5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller’s domicile. In this case, no shipping costs will be charged. 5.4 Vouchers will be given to the customer as follows: – by download – by e-mail – by post

6) Contract duration and contract termination for subscription contracts 6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period. 6.2 The right to extraordinary termination for cause remains unaffected. An important reason exists if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part can not reasonably be expected to continue the contractual relationship until the agreed termination or expiry of a period of notice. 6.3 Terminations must be made in writing or in text form (eg by e-mail).

7) Retention of title If the seller in advance, he reserves the right to the ownership of the delivered goods until complete payment of the purchase price owed.

8) Liability for defects (warranty) 8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply. 8.2 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

9) Redemption of promotional vouchers 9.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter “action vouchers”) can only be redeemed in the seller’s online shop and for the specified period become. 9.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon. 9.3 Action vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible. 9.4 When ordering, several action vouchers can be redeemed. 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 action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

9.7 The balance of an action voucher will not be paid in cash or interest. 9.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of withdrawal. 9.9 The action coupon is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.

10) Redeeming gift vouchers 10.1 Vouchers that can be purchased via the seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the online shop of the seller, unless otherwise specified in the voucher. 10.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date. 10.3 Gift Vouchers can only be redeemed before completing the order process. A subsequent settlement is not possible. 10.4 When placing an order, several gift vouchers can be redeemed. 10.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of other gift vouchers. 10.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be chosen to settle the difference. 10.7 The credit of a Gift Certificate will not be paid in cash or interest. 10.8 The Gift Certificate is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift certificate in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.

11) Applicable law The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only insofar as not granted.

Protection is withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

12) Place of jurisdiction If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.

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 online dispute resolution Service contracts involving a consumer. 13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.