This is a courtesy translation of our German General Terms and Conditions. In the event of any discrepancy between the English and the German version, the German version shall prevail.

Table of Contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special terms and conditions for the processing of goods in accordance with specific requirements of the Customer
10. Redemption of promotional vouchers
11. Applicable law
12. Place of jurisdiction
13. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of smmb GmbH (hereinafter "Seller") shall apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller in respect of the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which predominantly can be attributed neither to their commercial nor to their self-employed professional activity.

1.3 An entrepreneur 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 commercial or self-employed professional activity.

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 for the submission of a binding offer by the Customer.

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 basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button concluding the ordering 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 text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer shall be decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive in this respect, or
• by requesting the Customer to make payment after the Customer has submitted their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day after the offer is sent by the Customer and shall end upon expiry 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 to constitute a rejection of the offer, with the consequence that the Customer shall no longer be bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be 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 Terms of Use, 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 by means of a payment method offered by PayPal which can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button which concludes the ordering process.

2.5 In the case of an order placed via the Seller's online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and shall be transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller shall 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 prior to sending their order, the order data shall be archived on the Seller's website and may be retrieved by the Customer free of charge via their password-protected user account by providing the relevant login details.

2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for the improved identification of input errors may be the browser's magnification function, by means of which the display on the screen is enlarged. The Customer may correct their entries during the electronic ordering process using the customary keyboard and mouse functions until such time as they click the button which concludes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific choice of languages is displayed in the online shop.

2.8 Order processing and contact are generally effected by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for the processing of the order is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the processing of the order 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 can be found in the Seller's withdrawal instructions.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory value added tax. Any delivery and shipping costs incurred in addition shall be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred with regard to the transfer of funds where delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

4.3 The payment option(s) shall be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment shall be processed via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. Insofar as the Seller also offers payment methods via PayPal under which he makes advance performance towards the Customer (e.g. purchase on account or payment by instalments), he shall assign his payment claim to this 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 shall carry out a credit assessment using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative assessment result. If the selected payment method is permitted, the Customer shall pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer may only make payment to PayPal or the payment service provider commissioned by PayPal with the effect of discharging the debt. However, even in the event of an assignment of the claim, the Seller shall remain responsible for general Customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns of goods, or credit notes.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment shall be processed by 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 Shopify Payments shall be communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may make use of further payment services for which special payment terms may apply and to which the Customer may be referred separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and shipping terms

5.1 If the Seller offers to ship 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 processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. Notwithstanding this, where the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be 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. This shall not apply with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. With regard to the costs of return shipment, the provision made in this respect in the Seller's withdrawal instructions shall apply in the event of the 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 goods sold shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise 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 shall as a rule only pass upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, where the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment with such performance 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 an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to himself. This shall, however, only apply in the event that the failure to deliver is not the responsibility of the Seller and the latter has, with due care, concluded a specific hedging transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer shall be informed without undue delay and the consideration shall be refunded without undue delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

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

7) Liability for defects (warranty)

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

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for claims based on defects shall be one year from delivery of the goods;
• in the case of used goods, claims based on defects shall be excluded;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods set out above shall not apply

• to claims of the Customer for damages and for 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 manner of use and which have caused the defectiveness of that building,
• to any obligation of the Seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.3 In addition, it shall apply to entrepreneurs that the statutory limitation periods for any statutory right of recourse shall remain unaffected.

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

7.5 If the Customer acts as a consumer, the Customer is requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on the Customer's statutory or contractual claims based on defects.

8) Liability

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

8.1 The Seller shall be liable without limitation on any legal grounds whatsoever

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

8.2 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, his liability shall be limited to the foreseeable damage typical of the contract, unless he 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 is essential to the proper performance of the contract in the first place and on the observance of which the Customer may regularly rely. In all other respects, any liability of the Seller shall be excluded, unless he is liable without limitation pursuant to the preceding clause.

8.3 The above provisions on liability shall also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

9) Special terms and conditions for the processing of goods in accordance with specific requirements of the Customer

9.1 If, under the terms of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods in accordance with specific requirements of the Customer, the Customer shall provide the Seller with all content required for such 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 rights of use required for this purpose. The Customer alone shall be responsible for procuring such content and acquiring the rights thereto. The Customer declares and assumes responsibility for the fact that they hold the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed thereby, in particular copyrights, trade mark rights and personality rights.

9.2 The Customer shall indemnify the Seller against claims by third parties which such parties may assert against the Seller in connection with an infringement of their rights through the Seller's use of the Customer's content in accordance with the contract. In this connection, the Customer shall also bear the necessary costs of legal defence, including all court and lawyers' fees in the statutory amount. This shall not apply where the Customer is not responsible for the infringement of rights. In the event of a claim by third parties, the Customer shall be obliged to provide the Seller without undue delay, truthfully and in full with all information required for the examination of the claims and for a defence.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for such purposes infringes statutory or official prohibitions or common decency. This shall apply in particular in the event that content is provided which is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

10) Redemption of promotional vouchers

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

10.2 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction arises from the content of the promotional voucher.

10.3 Promotional vouchers may only be redeemed prior to completion of the ordering process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher may be redeemed per order.

10.5 Insofar as the promotional voucher relates to a specific value and not to a percentage price reduction, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit shall not be refunded by the Seller.

10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected in order to settle the difference.

10.7 The credit balance of a promotional voucher shall neither be paid out in cash nor bear interest.

10.8 The promotional voucher shall not be refunded if the Customer returns, within the scope of their statutory right of withdrawal, the goods paid for in whole or in part with the promotional voucher.

10.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller shall be entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

11) Applicable law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not thereby withdrawn.

12) Place of jurisdiction

If the Customer acts as a merchant, a legal person under public law or a special fund under public law with its registered office in 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 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, where 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 shall in any event be entitled to bring proceedings before the court at the Customer's registered office.

13) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.