General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Contract Conclusion
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 Gift Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter "Terms and Conditions") of ILH International GmbH (hereinafter "we/us") apply to all contracts for the delivery of goods that you, as a consumer or business (hereinafter "you") conclude with us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own conditions, unless we have agreed otherwise with you.

1.2For contracts for the delivery of vouchers, these Terms and Conditions apply accordingly, unless otherwise specified in this regard.

1.3For contracts for the delivery of tickets, these Terms and Conditions apply accordingly, unless expressly specified otherwise in this regard. These Terms and Conditions only govern the sale of tickets for specific events designated in our product description and not the execution of these events. For the execution of events, only the statutory provisions in the relationship between you and the organizer, and any conditions of the organizer deviating from these, apply exclusively. Unless we are also the organizer, we are not liable for the proper execution of the event, for which exclusively the respective organizer is responsible.

1.4You are a consumer within the meaning of these Terms and Conditions if you conclude a legal transaction for purposes that cannot be attributed predominantly to your commercial or independent professional activity.

1.5You are a business within the meaning of these Terms and Conditions as a natural person or legal entity or as a partnership with legal capacity that acts in the exercise of your commercial or independent professional activity when concluding a legal transaction.

2) Contract Conclusion

2.1The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to make a binding offer by you.

2.2You may make the offer via the online order form integrated in our online shop. After you have placed the selected goods in the virtual shopping cart and completed the electronic ordering process, by clicking the button that concludes the ordering process, you make a legally binding contract offer with respect to the goods contained in the shopping cart.

2.3We can accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation with you is decisive in this regard, or
• by delivering the ordered goods to you, whereby the receipt of the goods with you is decisive in this regard, or
• by requesting payment from you after you place your order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The deadline for accepting your offer begins on the day after sending your offer and ends upon expiration of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned deadline, this is deemed a rejection of the offer with the result that you are no longer bound by your declaration of intent.

2.4When you select a payment method offered by PayPal, payment processing is handled 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"), under the terms of the PayPal User Agreement, which can be viewed at https://www.paypal.com/en/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – under the terms of payment without a PayPal account, which can be viewed at https://www.paypal.com/en/legalhub/paypal/privacywax-full. If you pay using a payment method offered by PayPal that you can select in the online ordering process, we hereby declare acceptance of your offer at the moment you click the button that concludes the ordering process.

2.5When placing an order through our online order form, we save the contract text after the contract is concluded and transmit it to you in text form (e.g., email, fax, or letter) after you submit your order. We do not make the contract text available beyond this. If you have set up a user account in our online shop before submitting your order, your order data will be archived on our website and can be retrieved free of charge by you through your password-protected user account using the appropriate login details.

2.6Before you submit your order through our online order form, you can identify any possible input errors by carefully reading the information displayed on the screen. Your browser's zoom function can be an effective technical tool for better detecting input errors, as it enlarges the display on the screen. During the electronic ordering process, you can correct your entries using standard keyboard and mouse functions until you click the button that completes the order.

2.7Different languages are available for concluding the contract. The specific language selection is shown in the online shop.

2.8Order processing and communication typically take place via email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at that address. In particular, if you use SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.

3) Right of Withdrawal

3.1Consumers generally have a right of withdrawal.

3.2More information about the right of withdrawal can be found in our withdrawal notice.

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

4) Prices and Terms of Payment

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

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which you must bear. 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., tariffs). Such costs in relation to money transfers may also arise if the delivery is not to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3The payment method(s) will be communicated to you in our online shop.

4.4If prepayment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless we have agreed on a later payment date with you.

4.5If you select a payment method offered through the payment service "PayPal", payment processing takes place via PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods through PayPal where we advance payment to you (e.g., invoice purchase or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data transmitted. We reserve the right to refuse you the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, we remain responsible for general customer inquiries, for example, regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits.

4.6If you select a payment method offered through the payment service "Stripe", payment processing takes place via 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 Stripe will be communicated to you in our online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, which you may be separately informed about. Further information about Stripe can be found on the internet at https://stripe.com/en available.

4.7If you select a payment method offered through the payment service "Stripe", payment processing takes place via 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 Stripe will be communicated to you in our online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, which you may be separately informed about. Further information about Stripe can be found on the internet at https://stripe.com/en available.

4.8If you select a payment method offered through the payment service "Stripe", payment processing takes place via 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 Stripe will be communicated to you in our online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, which you may be separately informed about. Further information about Stripe can be found on the internet at https://stripe.com/en available.

4.9If you select the invoice payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. We reserve the right to offer the invoice payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, we will inform you of a corresponding payment restriction in our payment information in the online shop.

4.10If you select the SEPA direct debit payment method, the invoice amount is due after a SEPA direct debit mandate is issued, but not before the pre-notification period expires. The direct debit will be drawn when the ordered goods leave our warehouse, but not before the pre-notification period expires. Pre-notification is any notification (e.g., invoice, policy, contract) from us to you that announces a charge via SEPA direct debit. If the direct debit is not executed due to insufficient account funds or due to providing incorrect bank details, or if you object to the debit even though you are not entitled to do so, you must bear the fees incurred by the chargeback of the respective credit institution if you are responsible for this.

4.11If you select the credit card payment method via Stripe, the invoice amount is immediately due at the time the contract is concluded. Payment processing takes place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.

5) Delivery and Shipping Terms

5.1If we offer shipping of the goods, delivery takes place within the delivery area specified by us to the delivery address you provided, unless otherwise agreed. In processing the transaction, the delivery address specified in our order processing is authoritative. Notwithstanding this, if you select PayPal as the payment method, the delivery address you have on file with PayPal at the time of payment is authoritative.

5.2If delivery of the goods fails due to reasons for which you are responsible, you bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for sending the goods if you effectively exercise your right of withdrawal. For return shipping costs, the regulations specified in our cancellation policy apply if you effectively exercise your right of withdrawal.

5.3If you are acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to you only upon delivery of the goods to you or to an authorized recipient. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods also passes to you if you are acting as a consumer, as soon as we have delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if you have commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment to perform the delivery and we have not previously named this person or institution to you.

5.4We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not attributable to us and we have concluded a concrete covering transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be notified immediately and the consideration will be refunded to you immediately.

5.5If we offer the goods for pickup, you can collect the ordered goods during the business hours specified by us at the address specified by us. In this case, no shipping costs will be charged to you.

5.6Gift vouchers are provided to you as follows:

• by download
• by email

6) Retention of Title

If we provide advance performance, we reserve ownership of the delivered goods until full payment of the purchase price due.

7) Warranty (Defect Liability)

Insofar as the following regulations do not provide otherwise, the statutory warranty provisions apply. However, the following applies to contracts for the supply of goods:

7.1If you are acting as a business,

• we have the choice of the type of remedial action;
• for new goods, the limitation period for warranty claims is one year from delivery of the goods;
• for used goods, warranty claims are excluded;
• the limitation period does not commence anew if replacement delivery is provided as part of warranty.

7.2If you are acting as a consumer, for contracts for the supply of used goods with the limitation of the following clause: The limitation period for warranty claims is one year from delivery of the goods, if this was expressly and separately agreed upon between us in the contract and you were specifically informed of the reduction in the limitation period before you made your contractual declaration.

7.3The liability limitations and period reductions regulated above do not apply

• to your claims for damages and cost compensation,
• in the event that we fraudulently concealed the defect,
• for goods that have been used in accordance with their usual purpose for a building structure and have caused its defects,
• for any existing obligation on our part to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.4Moreover, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5If you are a merchant within the meaning of § 1 HGB, the commercial duty of inspection and notice applies to you in accordance with § 377 HGB. If you fail to comply with the notification obligations regulated there, the goods are deemed to be accepted.

7.6If you are a consumer, you are requested to lodge a complaint with the delivery person for goods delivered with obvious transport damage and to inform us of this. If you fail to do so, this will have no impact on your statutory or contractual warranty claims.

8) Liability

The seller is liable to you for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and cost compensation as follows:

8.1We are liable without restriction for any legal reason

• in cases of intent or gross negligence,
• in cases of intentional or negligent violation of life, body, or health,
• based on a guarantee promise, insofar as nothing different is regulated in this regard,
• based on mandatory liability such as under the Product Liability Act.

8.2If we negligently violate an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless we are liable without restriction pursuant to the above clause. Essential contractual obligations are obligations that the contract imposes on us by its nature to achieve the contract's purpose, whose fulfillment first enables the proper performance of the contract, and on whose compliance you may regularly rely.

8.3Otherwise, we are not liable.

8.4The above liability provisions also apply with respect to our liability for our performance assistants and legal representatives.

9) Redemption of Gift Vouchers

9.1Vouchers that can be purchased via our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless the voucher provides otherwise.

9.2Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to you until the expiration date.

9.3Gift vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

9.4Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

9.5If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by us can be selected to settle the difference.

9.6The credit balance of a gift voucher will neither be paid out in cash nor will it accrue interest.

9.7The gift voucher is transferable. The seller can make payment with a releasing effect 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 is grossly negligent in not knowing of the lack of entitlement, incapacity to contract, or lack of authority to represent on the part of the respective holder.

10) Applicable Law

10.1All legal relationships between us are governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. If you are acting as a consumer, this choice of law applies only to the extent that the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.

10.2Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not members of a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

11) Jurisdiction

If you are a merchant, legal entity under public law, or public fund with a place of business in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. If you have your place of business outside the territory of the Federal Republic of Germany, our place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. In the aforementioned cases, we are, however, in any event entitled to invoke the court at your place of business.

12) Alternative Dispute Resolution

We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration body.