General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Granting of Usage Rights for Digital Content
7. Retention of Title
8. Liability for Defects (Warranty)
9. Redeeming Promotional Vouchers
10. Redeeming Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Darko Marjanovic, trading as "Darko Marjanovic" (hereinafter "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise stipulated in this respect. Digital content within the meaning of these GTC means data created and provided in digital form.

1.3 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise in this respect.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.5 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 by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods and/or services contained in the shopping basket by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by email.

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), whereby receipt of the order confirmation by the Customer shall be decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive in this respect, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall come into existence at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the dispatch 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 a payment method offered by PayPal is selected, payment processing shall 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, available 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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal and selectable 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 an offer is submitted via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. email, fax, or letter) together with these GTC after the order has been sent. However, after sending the order, the Customer can no longer access the contract text via the Seller's website.

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 of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided by them 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 Consumers generally have a right of withdrawal.

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

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 In the case of 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 and taxes (e.g. customs duties). Such costs may also arise in relation to money transfers 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 Various payment options are available to the Customer and are indicated in the Seller's online shop at the very beginning of the ordering process.

4.4 If advance payment has been agreed, payment is due immediately upon conclusion of the contract.

4.5 If the payment method "SOFORT" is selected, payment processing shall be carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. The Customer can find more information on the payment method "SOFORT" online at https://www.klarna.com/sofort/ .

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

5) Delivery and Shipping Terms

5.1 Goods shall be delivered by dispatch to the delivery address specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing shall be 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 for the unsuccessful shipment. This shall 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 announced the service to the Customer a reasonable time in advance. Furthermore, this shall not apply to the costs of outward shipment if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's withdrawal policy shall apply to the return costs.

5.3 Collection in person is not possible for logistical reasons.

5.4 Digital content is provided to the Customer as follows:

- by email

5.5 Vouchers are provided to the Customer as follows:

- by email

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive right, unlimited in terms of location and time, to use the provided content for private as well as commercial purposes.

6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual licence to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective once the Customer has paid the remuneration owed in full. The Seller may also provisionally permit use of the contractual content before this time. Such provisional permission does not constitute a transfer of rights.

7) Retention of Title

If the Seller makes advance performance, it retains title to the delivered goods until full payment of the purchase price owed and all related costs and expenses has been made.

8) Liability for Defects (Warranty)

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

8.1 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 defect claims shall be one year from delivery of the goods;
• in the case of used goods, defect claims shall be excluded;
• the limitation period shall not begin anew if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and reductions of time limits regulated above shall not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

8.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

8.4 If the contract is a commercial transaction for both parties within the meaning of § 343 para. 2 AT-UGB, the Customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to § 377 AT-UGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If the Customer acts as a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to notify the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual defect claims.

9) Redeeming Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific 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 promotional period.

9.2 Individual products may be excluded from the voucher campaign if such a restriction results from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.4 Several Promotional Vouchers can also be redeemed in one order.

9.5 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.

9.6 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 chosen to settle the difference.

9.7 The credit balance of a Promotional Voucher is neither paid out in cash nor does it accrue interest.

9.8 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 statutory right of withdrawal.

9.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

10) Redeeming Gift Vouchers

10.1 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 in the voucher.

10.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.4 Several Gift Vouchers can also be redeemed in one order.

10.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.7 The credit balance of a Gift Voucher is neither paid out in cash nor does it accrue interest.

10.8 The Gift Voucher is intended only for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

10.9 The credit balance shall, if the Customer returns the goods paid for in whole or in part with the Gift Voucher within the scope of their statutory right of withdrawal, again
be refunded as a Gift Voucher. If the Gift Voucher purchased for consideration is returned within the scope of the statutory right of withdrawal - without
being used - the purchase price of this Gift Voucher shall be refunded to the Customer.

11) Applicable Law

11.1 All legal relationships between the parties shall be governed by the law of the Republic of Austria, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

12) Alternative Dispute Resolution

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