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. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of APRICOT INC (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and 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 excluded, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of 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 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. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller can 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
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time 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 on the 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 you select a payment method offered by PayPal, the 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: “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 and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this time. 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 free of charge by the customer via their password-protected user account by entering the corresponding login data.

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 detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During 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 order process.

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

2.8 Order processing and contact are generally carried out 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 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory sales tax. Any additional delivery and shipping costs will be stated 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 (z.B. Transfer fees, exchange rate fees) or import duties or taxes (z.B. Customs duties). Such costs may also be incurred in relation to the transfer of money 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 advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method "PayPal Credit" (payment in installments via PayPal) is selected, the seller assigns its payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the "PayPal Credit" payment method to the customer if the check results are negative. If the "PayPal Credit" payment method is approved by PayPal, the customer must pay the invoice amount to PayPal according to the terms and conditions set by the seller, which are communicated to the customer in the seller's online shop. In this case, the customer can only pay to PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and shipments, or credit notes.

4.6 When selecting a payment method offered via the "Shopify Payments" payment service, payment processing is 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. Stripe may use additional payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

4.7 If you select a payment method offered via the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

• Invoice: The payment period is 14 days from the dispatch of the goods/ticket/or, for other services, from the provision of the service. The invoice purchase terms for deliveries to Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 and for deliveries to Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_at/invoice?fee=0.
• Installment Purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95) or under the terms otherwise specified at checkout. Installment payments are due at the end of each month after Klarna sends you a monthly invoice. Further information on installment purchase, including the general terms and conditions and the European Standard Information for Consumer Credit, can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
• Immediately: Your account will be debited immediately after you place your order.
• Direct debit: The debit will be made after the goods are shipped. You will be notified of the date by email. (Please only list payment methods that you offer.)

The use of payment methods such as invoice, installment purchase, and direct debit requires a positive credit check. Therefore, we will forward your data to Klarna for address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use for Germany can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_de/user and for Austria here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_at/userGeneral information about Klarna can be found here: www.klarna.com.Your personal information will be treated by Klarna in accordance with applicable data protection regulations and in accordance with the information in Klarna's Germany/Austria Privacy Policy. (Please only add this paragraph if you also offer at least one of the payment methods listed here (invoice, installment purchase, and/or direct debit), and only list those payment methods that you also offer.)

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods will be delivered to the delivery address provided by the customer. The delivery address provided during the seller's order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has entered into a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.4 Self-collection is not possible for logistical reasons.

5.5 Vouchers are issued to the customer as follows:

• via download
• by email

6) Retention of title

If the seller makes advance payments, he retains ownership of 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 statutory liability for defects applies.

7.2 If the customer is a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity 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 Promotional vouchers can only be redeemed by consumers.

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

8.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

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

8.7 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 selected to settle the difference.

8.8 The balance of a promotional voucher will not be paid out in cash or bear interest.

8.9 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 his statutory right of withdrawal.

8.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the material eligibility of the respective voucher holder.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased through 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 on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent payment 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 to purchase additional 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 settle the difference.

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

9.8 The gift voucher is transferable. The seller may discharge the respective holder's obligations by making a payment 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 respective holder's ineligibility, legal incapacity, or lack of authority to represent the respective holder.

10) Alternative dispute resolution

10.1 The EU 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 settlement of disputes arising from online sales or service contracts involving a consumer.

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