GENERAL TERMS AND CONDITIONS

(ONLINE SHOP) § 1 Scope and Provider

(1) These general terms and conditions apply to all orders that you place with the online shop of Atelier Andy Weber, managed by Andreas Weber.

(2) The range of goods offered in our online shop is exclusively intended for buyers who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions therefore also apply to all future business relationships with companies, even if they have not been expressly agreed again. We hereby object to the inclusion of any customer's general terms and conditions that contradict our general terms and conditions.

(4) The main contract language is exclusively German, but you can write me in english as well.

(5) You can access and print the currently valid general terms and conditions on the website [general terms and conditions].

§ 2 Conclusion of Contract

(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) By clicking the button ["Now order with obligation to pay" / "buy"] you submit a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can review and correct the order if necessary.

(3) After receiving the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (receipt confirmation). This receipt confirmation does not yet constitute acceptance of your purchase offer. A contract is not concluded by the receipt confirmation.

(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods - without prior express declaration of acceptance - to you. Exception: With payment in advance and PayPal, acceptance of the order is made immediately with your order.

§ 3 Prices

The prices stated on the product pages include the statutory value-added tax and other price components and are subject to the respective shipping costs.

§ 4 Payment Terms; Default

(1) Payment can be made by:

Credit card Visa or Mastercard, Amex, Maestro, EPS transfer, Ideal, Bancontact, Shop Pay, Paypal, Apple Pay, Google Pay or direct debit.

(2) The selection of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods for payment, for example to secure our credit risk, only prepayment.

(3) If you choose the payment method prepayment, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days of receiving the order confirmation.

(5) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). The actual debit of your credit card account takes place at the time we send the goods to you.

(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction is automatically carried out by PayPal immediately afterwards.

(7) If you pay by direct debit, you may be required to pay the costs that arise as a result of a payment transaction being reversed due to insufficient funds in your account or due to incorrect data on the bank account provided by you.

(8) If you are in default with a payment, you shall pay the statutory default

§ 5 Set-off/Right of retention

(1) You only have a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us, or is in a close synallagmatic relationship to our claim.

(2) You may only exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Reservation of title

(1) Unless otherwise agreed, delivery of the goods takes place from our warehouse to the address you have provided.

(2) The goods remain our property until the purchase price has been fully paid.

(3) We are exceptionally not obliged to deliver the ordered goods if we have ordered the goods properly, but have not been properly or timely supplied (congruent cover transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this immediately. In addition, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, we will refund any payments already made to you immediately. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described by their type and characteristics (generic goods). We are only obliged to deliver from our inventory and the goods ordered from our suppliers.

(4) If you are a business owner within the meaning of § 14 BGB, the following shall also apply:

• We reserve the right to retain ownership of the goods until all claims from the current business relationship have been fully settled.

Before the transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.

• You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise for you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly fulfill your payment obligations, we reserve the right to collect the claims ourselves.

• If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods compared to the other processed items at the time of processing.

• We undertake to release the securities due to us on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 7 Withdrawal policy

If you are a consumer within the meaning of § 13 BGB, i.e., you make the purchase for purposes that cannot be attributed predominantly to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us,

Company: Atelier Andy Weber

Address: Im Tüssenberg 25, 58762 Altena

Email: andweb1987@gmail.com

Phone: +491733991087

of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax or email). You may use the attached sample withdrawal form, which, however, is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us or [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Sample withdrawal form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To Company: Address: Atelier Andy Weber

E-Mail: andweb1987@gmail.com

I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*),

Ordered on ()/received on (),

Name of consumer(s), Address of consumer(s),

Date Signature of consumer(s) (only if this form is notified on paper)

(*) Delete as appropriate.

End of the withdrawal instruction

(1) The right of withdrawal does not apply to the supply of:

• goods that are made to the consumer's specifications or are clearly personalised;

• sealed goods which were unsealed after delivery and are not suitable for return due to health protection or hygiene reasons;

• goods which are, after delivery, according to their nature, inseparably mixed with other items;

• audio or video recordings or computer software supplied in a sealed package, where the seal was removed after delivery; and

• newspapers, periodicals or magazines, with the exception of subscription contracts for such publications.

(2) Please avoid any damage and contamination. Please send the goods back to us in the original packaging, including all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against transport damage and to avoid claims for damages due to insufficient packaging.

(3) Please call us at [phone number +49 173 3991087] before returning the goods to announce the return. This will enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

Section 8 Transport damages

(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery company and contact us as soon as possible.

(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.

Section 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the Sales Law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods is one year, deviating from the statutory provisions. This limitation does not apply to claims for damages resulting from injury to life, body or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party may regularly rely (cardinal obligation), as well as claims for damages resulting from intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) In all other respects, the statutory provisions apply to the warranty, in particular the two-year limitation period pursuant to § 438 (1) No. 3 BGB.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:

• Only our own information and the manufacturer's product description are binding for the quality of the goods, not public praise and other advertising by the manufacturer.

• You are obliged to examine the goods immediately and with due care for any deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to comply with the deadline. This also applies to subsequently discovered hidden defects from discovery onwards. If you fail to fulfill the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.

• In the case of defects, we provide a guarantee at our discretion by remedying the defect or providing a replacement delivery (subsequent performance). In the case of subsequent performance, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

• If subsequent performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.

• The warranty period is one year from delivery of the goods.

Section 10 Liability

(1) Unlimited Liability: We shall be fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. In case of slight negligence, we shall be liable for damages resulting from injury to life, body, or health of persons.

(2) In all other respects, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal obligation). The liability for slight negligence is limited in amount to damages that were foreseeable at the time of conclusion of the contract and that can typically be expected to arise. This limitation of liability also applies in favor of our vicarious agents.

§ 11 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes relating to their online order without involving a court in the first instance. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

We endeavor to resolve any differences of opinion arising from our contract by mutual agreement. In addition, we are not obliged to participate in a conciliation procedure and unfortunately cannot offer you participation in such a procedure.

§ 12 Final Provisions

(1) Should one or more provisions of these GTC be or become ineffective, this shall not affect the validity of the other provisions in all other respects.

(2) German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law, or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you.

As of: March, 2023

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4