General Terms and Conditions (GTC)

Table of Contents

1. Scope of Application
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. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Wickelkinder GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or business customer (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

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

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity. A business customer within the meaning of these GTC is a natural or legal person or a legally responsible partnership who, at the time of concluding the legal transaction, acts in the exercise of their trade, business, 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 to submit a binding offer by the Customer.

2.2 The Customer can 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 completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods in the shopping cart by clicking the button that concludes the order process. The Customer may also submit the offer to the Seller by telephone, fax, e-mail, postal mail, or via the online contact form.

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 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 they have submitted their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the date of submission. If the Seller does not accept the Customer’s offer within this period, this is deemed a rejection of the offer with the result 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 is 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"), under the terms of 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 – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a PayPal payment method available during the online ordering process, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding 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 after the contract has been concluded and sent to the Customer in text form (e.g., by e-mail, fax, or letter) after their order has been submitted. Beyond this, the Seller does not make the contract text accessible. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognition of input errors can be the zoom function of the browser, 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, up until they click the button to conclude the order process.

2.7 German and English are available for the conclusion of the contract.

2.8 Order processing and communication generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing 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 for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

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

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

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred 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 be incurred 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 options available to the Customer are specified in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method "PayPal Credit" (installment payment via PayPal) is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal will carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the "PayPal Credit" payment method in the event of a negative result of the credit check. If "PayPal Credit" is approved by PayPal, the Customer must pay the invoice amount to PayPal under the conditions specified by the Seller, which are communicated to the Customer in the Seller’s online shop. In this case, payment can only be made to PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations, and submissions of withdrawal or credit notes, even in the case of assignment.

4.6 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the advance notice of payment has expired. The direct debit will be collected once the ordered goods leave the Seller’s warehouse, but not before the advance notice deadline expires. Advance notice ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer must bear any fees incurred by the respective bank as a result of the chargeback if they are responsible for this.

4.7 If the "PayPal Direct Debit" payment method is selected, PayPal collects 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 advance notice of payment has expired, on behalf of the Seller. Advance notice ("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 account funds or incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer must bear any fees incurred by the respective bank as a result of the chargeback if they are responsible for this.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is made by shipping to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer must bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to shipping costs if the Customer effectively exercises their right of withdrawal. With respect to return shipping costs, the Seller’s withdrawal policy shall apply.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the Customer as follows:

• by download
• by email
• by post

6) Retention of Title

If the seller provides goods in advance, ownership of the delivered goods remains with the seller 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 statutory liability for defects apply.

7.2 Deviating from this, for used goods the following applies: defect claims are excluded if the defect occurs after one year from delivery. Defects that occur within one year of delivery can be asserted within the statutory limitation period. The shortening of the liability period to one year does not apply:

• to items that, according to their usual use, were used in a building and caused its defectiveness,
• to claims for damages and reimbursement of expenses by the customer, and
• if the seller fraudulently concealed the defect.

7.3 If the customer is a consumer, they are requested to report any obvious transport damage to the delivery agent and notify the seller. Failure to do so does not affect the customer’s statutory or contractual defect claims.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the seller within the framework of promotional campaigns with a certain validity period and not purchasable by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

8.2 Certain products may be excluded from the promotion if indicated in the promotional voucher's terms.

8.3 Promotional vouchers must be redeemed before the order process is completed. A subsequent deduction is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The order value must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.

8.7 The credit 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 fully or partially paid for with the voucher under the right of withdrawal.

8.9 The promotional voucher is transferable. The seller can deliver with discharging effect to the respective holder redeeming the voucher in the seller’s online shop. This does not apply if the seller is aware or grossly negligent in not knowing that the holder is not entitled, legally incapable, or lacks authorization.

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 in the voucher.

9.2 Gift vouchers and remaining balances are redeemable until the end of the third year after the year in which the voucher was purchased. 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. A subsequent deduction is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used to purchase goods and not for buying more gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to pay the difference.

9.7 The credit of a gift voucher will not be paid out in cash nor will it earn interest.

9.8 The gift voucher is transferable. The seller can deliver with discharging effect to the respective holder redeeming the voucher in the seller’s online shop. This does not apply if the seller is aware or grossly negligent in not knowing that the holder is not entitled, legally incapable, or lacks authorization.

10) Applicable Law

10.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 This choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.

11) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with a registered office in the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from it relate to the professional or commercial activity of the customer. In the above cases, however, the seller is also entitled in any case to call upon the court at the customer’s place of business.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

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

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Prices and Payment Terms
4. Delivery and Shipping Conditions
5. Force Majeure
6. Delay in Performance at the Customer's Request
7. Retention of Title
8. Liability for Defects / Warranty
9. Liability
10. Limitation Period
11. Retention, Assignment
12. Special Conditions for the Processing of Goods According to Customer Specifications
13. Applicable Law, Place of Jurisdiction

2) Conclusion of Contract

2.1 The product descriptions displayed in the Seller’s online shop do not constitute binding offers by the Seller but are intended to prompt a binding offer by the Customer.

2.2 The Customer can submit an 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 cart and completing the electronic ordering process, by clicking the button that concludes the order, the Customer makes a legally binding contractual offer regarding the goods and/or services in the shopping cart. The offer may also be submitted to the Seller by telephone, fax, e-mail, post, or online contact form.

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), with the receipt of the order confirmation by the Customer being decisive, or
• delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
• requesting payment from the Customer after the order has been placed, or
• in the case of direct debit payment, if offered and selected by the Customer, by collecting the total amount from the Customer’s bank account, with the time of the account being debited being decisive.

If several of the above alternatives apply, the contract is concluded at the time the first alternative occurs. The deadline for acceptance begins on the day following the Customer’s offer submission and ends at the close of the fifth day following that submission. If the Seller does not accept the Customer’s offer within this period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is 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 referred to as “PayPal”), under PayPal’s 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, under the terms for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. When the Customer uses a PayPal payment method available during checkout, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order process.

2.5 When a contract is concluded 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., e-mail, fax, or letter) after the order has been placed. Beyond that, the Seller does not make the contract text accessible. If the Customer has set up a user account in the Seller’s online shop before placing the order, the order data is archived on the Seller’s website and can be accessed by the Customer via their password-protected user account using the relevant login data, free of charge.

2.6 Before placing a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical aid for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. Input can be corrected using the standard keyboard and mouse functions until the Customer clicks the button concluding the ordering process.

2.7 The languages available for concluding the contract are German and English exclusively.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

2.9 If the parties have agreed to special conditions, these shall generally not apply to concurrent and future contractual relationships with the Customer.

2.10 In the event of the Customer’s financial inability to fulfill their obligations to the Seller, the Seller may terminate existing reciprocal contracts with the Customer without notice by rescission. This also applies in the event of the Customer filing for insolvency. Section 321 BGB and Section 112 InsO remain unaffected. The Customer shall inform the Seller early in writing of impending insolvency.

3) Prices and Payment Terms

3.1 Unless otherwise stated in the product description, the prices stated are net prices, which are subject to the statutory VAT. Packaging and shipping costs, loading, insurance (especially transport insurance), customs duties, and taxes may be charged separately, where applicable.

3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the Seller is not responsible and which the Customer must bear. These include, for example, fees for money transfers through banks (e.g., transfer fees, currency exchange fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer 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.

3.3 The Customer has various payment options available, which are provided in the Seller’s online shop.

3.4 If prepayment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

3.5 If the payment method SEPA direct debit is selected, the invoice amount is due after the issuance of the SEPA direct debit mandate, but not before the deadline for the pre-notification for payment has passed. The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before the deadline for the pre-notification. Pre-notification is any notification (e.g., invoice, policy, contract) from the Seller to the Customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the Customer's account or because of incorrect bank account details, or if the Customer objects to the debit despite not being entitled to do so, the Customer must bear the fees incurred from the bank’s chargeback if the Customer is responsible for it.

3.6 A payment is considered received as soon as the corresponding amount is credited to one of the Seller’s accounts. In case of payment delay, the Seller is entitled to charge interest for late payment at a rate of 10 percentage points above the applicable base interest rate. The Seller’s other statutory rights in case of late payment by the Customer remain unaffected. If claims are overdue, incoming payments will first be applied to any costs and interest, then to the oldest claim.

3.7 If unforeseeable cost increases occur (e.g., currency fluctuations, unexpected price increases by suppliers, etc.), the Seller is entitled to pass on the price increase to the Customer. However, this applies only if the delivery is scheduled to take place more than four months after the conclusion of the contract.

4) Delivery and Shipping Terms

4.1 The delivery of goods is made via shipping to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system is decisive for the transaction.

4.2 The Seller is entitled to make partial deliveries, provided this is reasonable for the Customer. In the case of permissible partial deliveries, the Seller is also entitled to issue partial invoices.

4.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the Seller and the Seller has entered into a specific coverage transaction with the supplier with the necessary care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be immediately informed, and the payment will be promptly refunded.

4.4 The risk of accidental loss or deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. This also applies if the Seller bears the cost of transport. Transport insurance is only provided at the special request and expense of the Customer.

4.5 In the event of a delay in the shipping of goods to the Customer for reasons attributable to the Customer, the risk passes as soon as the shipping readiness is announced to the Customer. Any storage costs incurred after the risk has passed are to be borne by the Customer.

4.6 Self-pickup is not possible for logistical reasons.

5) Force Majeure

In the event of force majeure that affects the performance of the contract, the Seller is entitled to postpone the delivery for the duration of the hindrance and, in the case of prolonged delays, to withdraw from the contract, either wholly or partially, without any claims being made against the Seller. Force majeure refers to all unforeseeable events for the Seller or those that—despite being foreseeable—are beyond the Seller's control, and whose impact on the contract fulfillment cannot be prevented by reasonable efforts by the Seller. Any legal claims of the Customer remain unaffected.

6) Delay in Performance at the Customer's Request

If the shipping or delivery of the goods is delayed at the Customer's request by more than one month after the notification of shipping readiness, the Seller may charge the Customer a storage fee of 0.5% of the purchase price for each additional month, but no more than 5% of the purchase price in total. The proof of a higher or lower damage remains open to both parties to the contract.

7) Retention of Title

7.1 The Seller retains ownership of the delivered goods until full payment of the agreed purchase price has been made. Furthermore, the Seller retains ownership of the delivered goods until all claims from the business relationship with the Customer have been fulfilled.

7.2 In the case of processing the delivered goods, the Seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing occurs together with other materials, the Seller acquires ownership in proportion to the invoice values of the goods to those of the other materials. If the goods of the Seller are combined or mixed with the Customer's property, and the Customer’s item is to be considered the principal item, the Seller acquires co-ownership of the item in proportion to the invoice value of the Seller’s goods relative to the invoice value or, in the absence of such, the market value of the principal item. In these cases, the Customer is considered the custodian.

7.3 Items subject to retention of ownership or legal retention may not be pledged or transferred as security by the Customer. The Customer is only permitted to resell the goods in the ordinary course of business, under the condition that the Seller receives an effective assignment of the Customer’s claims against the Customer’s buyers in connection with the resale, and the Customer transfers ownership to the buyer under the reservation of payment. Upon concluding the contract, the Customer assigns his claims from such resale to the Seller as security, and the Seller simultaneously accepts this assignment.

7.4 The Customer must immediately notify the Seller of access to goods that are in the ownership or co-ownership of the Seller or to assigned claims. The Customer must promptly pay the amounts collected from such assigned claims to the Seller, as long as the Seller’s claims are due.

7.5 If the value of the Seller’s security rights exceeds the secured claims by more than 10%, the Seller will release a corresponding portion of the security rights at the Customer’s request.

8) Defects / Warranty

If the purchased item is defective, the statutory provisions on defect liability apply. The following applies as an exception:

8.1 Claims for defects do not arise in cases of natural wear and tear or damage caused after the risk has passed due to improper or negligent treatment, excessive stress, unsuitable operating materials, or damage resulting from special external influences that were not anticipated in the contract. If the Customer or a third party makes improper modifications or repairs, no claims for defects exist in this case, and the consequences of such modifications or repairs, unless the Customer can prove that the defect was not caused by them.

8.2 For new goods, the limitation period for claims for defects is one year from the delivery of the goods. For used goods, rights and claims due to defects are excluded.

8.3 The above limitations on liability and shortened limitation periods do not apply in the following cases:

• For goods that have been used in accordance with their usual purpose for a construction project and have caused a defect in the building,
• For claims for compensation for damages or reimbursement of expenses from the Customer,
• If the Seller has fraudulently concealed the defect, and
• For the Customer’s recourse claim under § 445a BGB.

8.4 In the case of supplementary performance, the Seller has the option to choose between repair or replacement delivery.

8.5 If a replacement delivery is made as part of the warranty, the limitation period does not start anew.

8.6 If the supplementary performance is carried out by way of a replacement delivery, the Customer is obligated to return the initially delivered goods to the Seller within 30 days. The return package must include the reason for the return, the Customer's name, and the number assigned to the purchase of the defective goods, enabling the Seller to identify the returned goods. As long as and to the extent that the return cannot be attributed to the Seller due to reasons attributable to the Customer, the Seller is not obliged to accept the returned goods or refund the purchase price. The Customer bears the cost of re-shipping.

8.7 If the Seller delivers a defect-free item for the purpose of supplementary performance, the Seller may claim compensation for the use of the item in accordance with § 346 Abs. 1 BGB. Other statutory claims remain unaffected.

8.8 If the Customer acts as a merchant within the meaning of § 1 HGB, the commercial inspection and notification obligations according to § 377 HGB apply. If the Customer fails to fulfill the notification obligations stipulated there, the goods are considered approved.

9) Liability

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

9.1 The Seller is fully liable for:

• Intentional or grossly negligent acts,
• Intentional or negligent injury to life, body, or health,
• Under any guarantee given, unless otherwise stipulated,
• Mandatory liability, such as under the Product Liability Act.

9.2 If the Seller negligently breaches an essential contractual obligation, the liability is limited to the typical, foreseeable damage, unless there is unlimited liability as per the preceding section. Essential contractual obligations are those duties that the contract imposes on the Seller to achieve the contractual purpose, whose fulfillment makes the proper execution of the contract possible, and on which the Customer can regularly rely.

9.3 Otherwise, the Seller is not liable.

9.4 The above liability provisions also apply to the Seller's liability for his agents and legal representatives.

10) Limitation Period

Claims of the Customer against the Seller, with the exception of those regulated under the "Defects / Warranty" section, expire one year after the Customer becomes aware of the facts giving rise to the claim, but at the latest five years after the performance of the service, unless the Seller is held liable without limitation according to the preceding section.

11) Retention, Assignment

11.1 The Customer’s rights to withhold performance or refuse performance are excluded, unless the Seller does not dispute the underlying counterclaims or they have been legally established.

11.2 An assignment of claims arising from the contract between the Seller and the Customer, especially the assignment of any defect claims, is excluded.

12) Special Conditions for Processing Goods According to Customer's Specifications

12.1 The Customer shall indemnify the Seller from third-party claims that may be asserted against the Seller due to the violation of their rights resulting from the Seller’s contractual use of the Customer's content. The Customer shall also bear the reasonable costs of necessary legal defense, including court and attorney fees in the statutory amount. This does not apply if the legal violation is not attributable to the Customer. The Customer is obligated to immediately provide the Seller with all truthful and complete information required to examine the claims and provide a defense in case of third-party claims.

12.2 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or official prohibitions or public morals. This particularly applies to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, or glorifies violence.

13) Applicable Law, Jurisdiction

13.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws regarding the international sale of movable goods.

13.2 If the Customer is a merchant, a legal entity under public law, or a public-law special fund with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. However, the Seller is always entitled to bring the case before the court at the Customer’s place of residence.