Terms of Service

General Terms and Conditions with Customer Information

Table of Contents

Scope of Application Formation of the Contract Right of Withdrawal Prices and Payment Conditions Delivery and Shipping Conditions Retention of Title Liability for Defects (Warranty) Redemption of Promotional Vouchers Redemption of Gift Vouchers Applicable Law Place of Jurisdiction Alternative Dispute Resolution

1. Scope of Application 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of corso commerce UG (haftungsbeschränkt) (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is objected to, unless otherwise agreed.

1.2 These GTC shall apply to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.3 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur in the sense 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 independent professional activity.

2. Formation of the 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 cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes 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 email), in which case the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after placing the order. If several of the aforementioned alternatives are available, the contract shall be concluded at the time one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins the day after the offer is sent by the Customer 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 the payment method "PayPal Express" is selected, payment will 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 referred to as "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.5 When an offer is made via the Seller's online order form, the text of the contract will be stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. The Seller will not make the text of the contract accessible beyond this.

2.6 Before submitting a binding 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 for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The contract may be concluded in German and English languages.

2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails 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 by the Seller to process the order can be delivered.

3. Right of Withdrawal

3.1 In general, consumers have a right of withdrawal.

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

4. Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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 prepayment has been agreed upon by bank transfer, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date. 4.5 If payment is made using a payment method offered by PayPal, the payment will be processed by 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 https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

 

4.6 If the payment method "SOFORT" is selected, payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account with PIN/

/TAN procedure activated for participation in "SOFORT", must identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and debited from the Customer's bank account. The Customer can find more detailed information about the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.7 When selecting a payment method offered via the payment service "Shopify Payments", the payment processing is carried out via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify will be communicated to the Customer in the Seller's online shop. Shopify may use other payment services for processing payments, which may be subject to special payment terms and conditions, which will be pointed out to the Customer separately. More information about "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.

4.8 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the Customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification has expired on behalf of the Seller. The pre-notification is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit via SEPA Direct Debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although they do not have the right to do so, the Customer shall bear the costs incurred by the respective credit institution as a result of the chargeback if they are responsible for this.

4.9 If the payment method "Direct Debit via Stripe" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will collect the invoice amount from the Customer's bank account after issuing a SEPA direct debit mandate, but not before the deadline for the pre-notification has expired on behalf of the Seller. The pre-notification is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit via SEPA Direct Debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although they do not have the right to do so, the Customer shall bear the costs incurred by the respective bank as a result of the chargeback if they are responsible for this. The Seller reserves the right to perform a credit check when selecting the SEPA Direct Debit payment method and to reject this payment method in case of a negative credit check.

5. Delivery and Shipping Conditions

5.1 The delivery of goods is made by shipping 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 is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had notified the Customer with reasonable advance notice. Furthermore, this does not apply with respect to the costs of the return shipment if the Customer effectively exercises their right of withdrawal. In the case of the Customer effectively exercising their right of withdrawal, the provision in the Seller's cancellation policy shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are delivered to the Customer as follows:

• by email

6. Retention of Title If the Seller makes an advance payment, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7. Liability for Defects (Warranty) 7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 The Customer is requested to complain to the deliverer about the delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to comply with this, this shall not affect their legal or contractual claims for defects.

8. Redemption of Promotional Vouchers 8.1 Vouchers issued free of charge by the Seller within the framework of promotions with a specified validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

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

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 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.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods

 

offered by the Seller can be selected to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash nor will it earn interest.

8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their legal right of withdrawal.

8.9 The promotional voucher can only be used by the person named on it. The transfer of the promotional voucher to third parties is excluded. The Seller has the right, but is not obliged, to check the substantive eligibility of the respective holder of the voucher.

9. Redemption of Gift Vouchers 9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used for purchasing goods and cannot be used to purchase additional gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

9.7 The balance of a gift voucher will not be paid out in cash and will not earn interest.

9.8 The gift voucher is intended to be used only by the person named on it. The gift voucher cannot be transferred to third parties. The Seller has the right, but is not obliged, to verify the substantive eligibility of the respective Gift Voucher Holder.

10. Applicable Law The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection provided is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11. Place of Jurisdiction If the Customer is a merchant, a legal entity under public law, or a 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 shall be the Seller's place of business. If the Customer is domiciled 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 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 place of residence of the Customer.

12. Alternative Dispute Resolution 12.1 The European 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 contact point for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Seller is neither obliged nor prepared to participate in a dispute resolution procedure before a consumer arbitration board.

 

13. Final Provisions 13.1 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of business of the seller is the place of performance for all services arising from the business relationships with the seller.

13.2 Should individual provisions of this contract be or become invalid or contain a loophole, this shall not affect the remaining provisions. The parties undertake to replace the invalid provision with a legally permissible provision that comes closest to the economic purpose of the invalid provision or fills this loophole.