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 Conditions
6. Retention of Title
7. Defect Liability (Warranty)
8. Liability
9. Special Conditions for Processing Goods According to Customer Specifications
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of SneakerSafe (hereinafter "we/us") apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter "you") conclude with us regarding the goods presented in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless something different is stipulated.

1.3 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

1.4 You are an entrepreneur within the meaning of these GTC as 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 in our online shop do not constitute binding offers on our part, but serve as an invitation for you to submit a binding offer.

2.2 You may submit your offer via the online order form integrated in our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that completes the order process.

2.3 We may accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or
• by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
• by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting your offer begins on the day after the submission of your offer and ends with the expiry of the fifth day following the submission of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing is carried out by 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 you do not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a PayPal payment method selectable during the online order process, we hereby declare acceptance of your offer at the time you click the button that completes the order process.

2.5 If you select "Amazon Payments" as the payment method, payment processing is carried out by Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If you select "Amazon Payments" as the payment method during the online order process, by clicking the button that completes the order process you also issue a payment instruction to Amazon. In this case, we hereby declare acceptance of your offer at the time you trigger the payment process by clicking the button that completes the order process.

2.6 When submitting an offer via the online order form, the contract text will be stored by us after the contract is concluded and sent to you in text form (e.g. email, fax or letter) after you have submitted your order. We will not make the contract text accessible beyond this. If you have set up a user account in our online shop prior to submitting your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account using the corresponding login details.

2.7 Before submitting your order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the order process.

2.8 The English language is available for concluding the contract.

2.9 Order processing and contact are generally carried out by email and automated order processing. You must ensure that the email address you provide for order processing is accurate so that emails sent by us can be received at that address. In particular, when using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing 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 our cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in our product descriptions, the prices indicated are total prices including statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The available payment method(s) will be communicated to you in our online shop.

4.3 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless we have agreed a later due date with you.

4.4 If you select a payment method offered via the "PayPal" payment service, payment processing is carried out via PayPal, which may also use the services of third-party payment providers. If we also offer payment methods via PayPal where we provide advance payment (e.g. invoice purchase or instalment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. We reserve the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payments with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the case of assignment of the claim, we remain responsible for general customer enquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, withdrawal declarations and credits.

4.5 If you select "Sofort" (instant transfer) as the payment method, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofort", you must have an online banking account enabled for participation in "Sofort", authenticate yourself accordingly during the payment process and confirm the payment instruction. The payment transaction will then be carried out immediately by Klarna and your bank account will be debited. Further information on the "Sofort" payment method is available at https://www.klarna.com/sofort/.

4.6 If you select a payment method offered via the "Shopify Payments" payment service, payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. To process payments, Stripe may use further payment services for which special payment conditions may apply, and you may be informed of these separately. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-de.

4.7 If you select credit card payment via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to decline this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If we offer shipping of goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for the transaction.

5.2 If delivery of the goods fails due to reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the outward shipping costs if you effectively exercise your right of withdrawal. For return shipping costs, the provisions set out in our cancellation policy apply in the event of effective exercise of your right of withdrawal.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to you or an authorized recipient. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to you if you act as a consumer, as soon as we have delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, if you have commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not our responsibility and we have concluded a specific cover transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If we provide advance payment, we retain title to the delivered goods until the purchase price owed has been paid in full.

7) Defect Liability (Warranty)

Unless otherwise stipulated in the following provisions, the statutory provisions on defect liability apply. The following deviations apply to contracts for the delivery of goods:

7.1 If you act as an entrepreneur,

• we have the choice of the type of subsequent performance;
• the limitation period for defect rights on new goods is one year from delivery of the goods;
• defect rights are excluded for used goods;
• the limitation period does not restart if a replacement delivery is made within the scope of defect liability.

7.2 If you act as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for defect claims is one year from delivery of the goods, if this has been expressly and separately agreed between us and you were specifically informed of the reduction of the limitation period before submitting your contractual declaration.

7.3 The above liability limitations and period reductions do not apply

• to your claims for damages and reimbursement of expenses,
• in cases where we have fraudulently concealed the defect,
• for goods used in accordance with their normal use for a building and which caused its defectiveness,
• to any existing obligation on our part to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If you act as a merchant within the meaning of § 1 HGB, you are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If you fail to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.6 If you act as a consumer, you are requested to report any obvious transport damage to the deliverer upon delivery and to notify us accordingly. Failure to do so shall have no effect on your statutory or contractual defect claims.

8) Liability

The seller is liable to you for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 We are fully liable on any legal ground

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body or health,
• based on a guarantee promise, unless otherwise stipulated in this regard,
• based on mandatory liability such as under the Product Liability Act.

8.2 If we negligently breach a material contractual obligation, liability is limited to the typical foreseeable damage, unless we are fully liable pursuant to the above clause. Material contractual obligations are obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely.

8.3 Otherwise, our liability is excluded.

8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

9) Special Conditions for Processing Goods According to Customer Specifications

9.1 If, according to the content of the contract, we owe not only the delivery of goods but also the processing of goods according to certain specifications provided by you, you must provide us with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by us, and grant us the necessary rights of use. You alone are responsible for obtaining and acquiring rights to this content. You declare and assume responsibility for having the right to use the content provided to us. In particular, you shall ensure that no third-party rights are infringed, especially copyright, trademark and personal rights.

9.2 You shall indemnify us against claims by third parties that they may assert in connection with an infringement of their rights through the contractual use by us of the content provided to you. You shall also bear the necessary costs of legal defence, including all court and attorney fees at the statutory rate. This does not apply if the infringement is not attributable to you. You are obliged to provide us immediately, truthfully and completely with all information necessary for examining the claims and for a defence in the event of a claim by third parties.

9.3 We reserve the right to refuse processing orders if the content provided by you for this purpose violates statutory or official prohibitions or public morals. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, defamatory, harmful to minors and/or glorifying violence.

10) Redemption of Promotional Vouchers

10.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is indicated in the content of your promotional voucher.

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

10.4 Only one promotional voucher can be redeemed per order.

10.5 If our promotional voucher relates to a specific value and not a percentage discount, the value of your order must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by us.

10.6 If the value of the promotional voucher is insufficient to cover your order, you may choose one of the other payment methods offered by us to pay the difference.

10.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

10.8 The promotional voucher will not be refunded if you return the goods paid for in full or in part with the promotional voucher within the scope of your statutory right of withdrawal.

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. We are entitled, but not obliged, to verify the material eligibility of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased in our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to you until the expiry date.

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

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by us can be chosen to pay the difference.

11.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

11.8 The gift voucher is transferable. The seller may make payment with debt-discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, incapacity to contract or lack of authority to represent of the respective holder.

12) Applicable Law

All legal relations between you and us shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law shall only apply to the extent that the protection afforded to you is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.

13) Alternative Dispute Resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.