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. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Tripstix GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its 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 that predominantly are outside his trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing 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), whereby the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the Customer has placed his order.

If several of the aforementioned alternatives apply, the contract is concluded when the first of these alternatives occurs. The period for acceptance begins on the day following dispatch of the Customer’s offer and ends at the end of the fifth day thereafter. If the Seller does not accept the Customer’s offer within this period, this is deemed a rejection, and the Customer is no longer bound by his offer.

2.4 If the Customer chooses a payment method offered by PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the PayPal User Agreement 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. By selecting a PayPal payment method, the Customer’s offer is deemed accepted at the moment the ordering process is completed.

2.5 After conclusion of the contract, the Seller stores the contract text and sends it to the Customer in text form (e.g., email, fax, or letter). No further access to the contract text is provided. If the Customer has registered a user account, the order data is archived and can be accessed free of charge via the Customer’s password-protected account.

2.6 Before submitting the order, the Customer can identify input errors by reviewing the information displayed on the screen. The browser’s zoom function may assist in detecting errors. The Customer can correct entries using standard keyboard and mouse functions until the order is submitted.

2.7 The contract can be concluded in different languages; available language options are shown in the online shop.

2.8 Order processing and communication are usually conducted via email and automated systems. The Customer must ensure the correctness of the email address provided and configure spam filters to allow emails from the Seller or its agents.

3) Right of Withdrawal

3.1 Consumers generally have the right to withdraw from the contract.

3.2 Detailed information on the right of withdrawal is provided in the Seller’s withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers whose residence and delivery address at the time of contract conclusion are outside the European Union.

4) Prices and Payment Terms

4.1 Prices are total prices including statutory VAT, unless otherwise stated. Any additional delivery and shipping costs are shown separately.

4.2 For deliveries outside the EU, the Customer may incur additional costs (e.g., bank fees, exchange rate fees, import duties or taxes), which are not the Seller’s responsibility.

4.3 Available payment methods are displayed in the online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after contract conclusion, unless agreed otherwise.

4.5 If the payment method “SOFORT” is selected, payment is processed via SOFORT GmbH, Theresienhöhe 12, 80339 Munich (“SOFORT”). The Customer must have an online banking account enabled for SOFORT, authenticate during the payment process, and confirm the payment instruction. The transaction is executed immediately, and the Customer’s bank account is debited. Details are available at https://www.klarna.com/sofort/.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery is made to the address specified by the Customer within the stated delivery area, unless agreed otherwise.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears reasonable costs incurred by the Seller, except where the Customer validly exercises the right of withdrawal.

5.3 For entrepreneurs, the risk of accidental loss or deterioration passes to the Customer once the Seller has handed the goods to the carrier. For consumers, the risk passes upon delivery to the Customer or an authorized person, unless the Customer has instructed the carrier directly, in which case risk passes upon handover to the carrier.

5.4 The Seller may withdraw from the contract if proper delivery is not possible and the Seller is not responsible for the non-delivery. The Seller will refund any consideration paid without delay if the goods are unavailable.

5.5 If pick-up is offered, the Customer may collect the goods within the Seller’s business hours at the specified address; no shipping costs apply.

6) Retention of Title

The Seller retains title to the delivered goods until full payment of the purchase price.

7) Liability for Defects (Warranty)

Unless otherwise provided below, statutory liability for defects applies. For contracts for the sale of goods:

7.1 For entrepreneurs:

• The Seller may choose the type of supplementary performance;
• The limitation period for defect claims is one year from delivery for new goods;
• Warranty claims for used goods are excluded;
• The limitation period does not restart after supplementary performance.

7.2 For consumers purchasing used goods, a one-year limitation period applies if contractually agreed and explicitly notified to the Customer.

7.3 The aforementioned limitations do not apply:

• to claims for damages and reimbursement of expenses;
• if the Seller has fraudulently concealed a defect;
• to goods used for a building in accordance with their normal use;
• to the Seller’s obligation to provide updates for digital goods with digital elements.

7.4 Statutory limitation periods for recourse claims by entrepreneurs remain unaffected.

7.5 Entrepreneurs are subject to the commercial duty to examine and give notice of defects under Section 377 of the German Commercial Code (HGB). Failure to notify constitutes approval of the goods.

7.6 Consumers are requested to report visible transport damage to the carrier and inform the Seller; failure to do so does not affect statutory claims.

8) Liability

The Seller is liable to the Customer for damages and expenses based on contractual, pre-contractual and non-contractual claims as follows:

8.1 The Seller is fully liable for intent and gross negligence, injury to life, body or health, warranty promises, and mandatory liability such as product liability.

8.2 For slight negligence, liability is limited to foreseeable damage typical of the contract, unless essential contractual obligations are breached.

8.3 Further liability is excluded.

8.4 The above provisions apply to liability of vicarious agents and representatives.

9) Redemption of Promotional Vouchers

9.1 Promotional vouchers issued free of charge in campaigns (“Promotional Vouchers”) can only be redeemed in the online shop during the specified period.

9.2 Promotional vouchers can only be used by consumers.

9.3 Products may be excluded if the voucher’s terms specify so.

9.4 Vouchers must be redeemed before completing the order process; subsequent redemption is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The order value must at least equal the voucher amount; no change will be given.

9.7 If the voucher value does not cover the order, another payment method must be chosen for the remainder.

9.8 Voucher balances are not paid out in cash or interest-bearing.

9.9 Vouchers are non-refundable if goods paid for with a voucher are returned under the withdrawal right.

9.10 Vouchers are transferable. Payment to the redeemer discharges the Seller, unless the Seller is aware of or grossly negligent about the redeemer’s lack of entitlement.

10) Applicable Law

10.1 German law applies, excluding international sale of goods statutes. For consumers, this applies only if consumer protection is not reduced.

10.2 The choice of law does not affect withdrawal rights for consumers outside the EU.

11) Jurisdiction

If the Customer is a merchant, legal entity under public law, or special fund under public law with its seat in Germany, the exclusive jurisdiction is at the Seller’s registered office. For Customers with a seat outside Germany, jurisdiction lies at the Seller’s office if the contract relates to their business. The Seller may also sue at the Customer’s place of jurisdiction.

12) Alternative Dispute Resolution

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