General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Gift Vouchers
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Messer Scala KG (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts concerning the delivery of vouchers, these GTC apply accordingly, unless expressly otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is 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 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 enable the Customer to submit a binding offer.

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 going through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller via e-mail.

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 the submission of their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment processing is carried out by 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, viewable 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, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable in 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 an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer's order has been sent. The Seller does not make the contract text accessible beyond this. 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 using 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 recognition of input errors can be the browser's magnification function, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

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 by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all e-mails 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 Conditions

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

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

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

4.4 If the payment method "SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, 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 will be communicated to the customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, which the customer may be informed of separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the 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 with regard to the costs for the shipment if the Customer effectively exercises their right of withdrawal. For return costs, if the Customer effectively exercises their right of withdrawal, the provision made in the Seller's cancellation policy applies.

5.3 In the case of self-collection, the Seller will first inform the Customer by e-mail that the goods ordered by them are ready for collection. After receiving this e-mail, the Customer can collect the goods at the Seller's premises by arrangement with the Seller. In this case, no shipping costs will be charged.

5.4 Vouchers are provided to the Customer as follows:

- by e-mail

6) Retention of Title

If the Seller makes advance payment, he reserves 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 provisions of statutory liability for defects apply.

7.2 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer does not comply with this, it has no effect on their statutory or contractual claims for defects.

8) Redemption of Gift Vouchers

8.1 Vouchers that can be purchased in the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

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

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

8.4 Only one gift voucher can be redeemed per order.

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

8.6 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 chosen to pay the difference.

8.7 The credit balance of a gift voucher will neither be paid out in cash nor bear interest.

8.8 The gift voucher is intended exclusively for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9) Applicable Law

All legal relationships between the parties are governed by the law of the Republic of Austria, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Republic of Austria, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer's registered office.

11) Alternative Dispute Resolution

11.1 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 purchase or service contracts involving a consumer.

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