Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of the contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications
9. Redeeming promotional coupons
10. Redeeming gift certificates
11. Applicable Law
12. Place of jurisdiction
13. Alternative Dispute Resolution

1) Scope

1.1 TheseGeneral Terms and Conditions (hereinafter “GTC”) of SHO Handels GmbH, Semperstraße 91, 22303 Hamburg (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2These Terms and Conditions apply mutatis mutandis tocontracts for the delivery of gift certificates, unless otherwise expressly provided.

1.3For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. For the purposes of these Terms and Conditions, a “business entity” is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or independent professional activity when entering into a legal transaction.

2) Conclusion of the Contract

2.1 Theproduct descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2 Thecustomer may submit the offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items in the shopping cart by clicking the button that finalizes the order process. Furthermore, the customer may also submit the offer to the seller via email.

2.3 Theseller 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 email), in which case the date the customer receives the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
• by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 Ifyou select the “PayPal Express” payment method,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”), subject to the PayPal Terms of Service, 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 for Payments Without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, by clicking the button that completes the ordering process, the customer simultaneously issues a payment order to PayPal. In this case, the seller hereby declares acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.5 Ifthe "Amazon Payments" payment method is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe Terms of Use, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process, the customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares its acceptance of the Customer’s offer at the moment the Customer initiates the payment process by clicking the button that completes the ordering process.

2.6 Whena customer submits an offer via the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., via email, fax, or letter) after the customer submits their order. The Seller will not make the contract text available in any other way. If the Customer has created a user account in the Seller’s online store 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 by entering the corresponding login credentials.

2.7 Beforesubmitting 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. An effective technical tool for better identifying 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 standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8The contract may be concluded exclusively in German.

2.9Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they 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

3.1There is no right of withdrawal for personalized products that are made to customer specifications (i.e., products personalized with your chosen designs). These products cannot be returned or refunded.

 3.2 Furtherinformation regarding the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unlessotherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs will be listed separately in the respective product description.

4.2 Fordeliveries to countries outside the European Union, additional costs may arise in individual cases that are beyond the Seller’s control and must be borne by the Customer. These include, for example, costs associated with money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of funds even 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.

4.3The payment option(s) will be communicated to the customer in the seller’s online store.

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

4.5 Ifyou pay using a payment method offered by PayPal, the payment will be processed 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 Service, 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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 Ifthe “SOFORT” payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account activated for participation in “SOFORT,” authenticate themselves during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is executed immediately thereafter by “SOFORT” and the customer’s bank account is debited. The customer can find more detailed information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.7 Ifa payment method offered through the "Shopify Payments" payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered through Shopify Payments are communicated to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.8 Ifthe “PayPal Invoice” payment method is selected, the seller assigns its payment claim to PayPal. Before accepting the seller’s declaration of assignment, PayPal conducts a credit check using the customer data provided. The seller reserves the right to deny the customer the “PayPal Invoice” payment method in the event of a negative credit check result. If the “PayPal Invoice” payment method is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, the customer may only make payment to PayPal with 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 time, shipping, returns, complaints, notices of withdrawal and return shipments, or credit notes. In addition, the General Terms of Use for PayPal’s Invoice Purchase service apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.9 Ifthe “PayPal Direct Debit” payment method is selected, PayPal will debit the invoice amount from the customer’s bank account on behalf of the seller after a SEPA Direct Debit mandate has been issued, but not before the pre-notification period has expired. "Pre-notification" refers to any communication (e.g., invoice, policy, contract) sent to the customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or because incorrect bank details were provided, or if the customer objects to the debit even though they are not entitled to do so, the customer must bear the fees incurred by the respective bank’s chargeback if they are responsible for this.

 

5) Delivery and Shipping Terms

5.1 Unless otherwise agreed, goods will be shippedto the delivery address provided by the customer. For the purposes of processing the transaction, the delivery address specified in the seller’s order processing system shall be decisive. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 Ifdelivery of the goods failsfor reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s cancellation policy shall apply to the costs of returning the goods.

5.3For logistical reasons, self-pickup is not possible.

5.4 Vouchersare provided to the customer as follows:

- by email

6) Retention of title

If the seller makes an advance delivery, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 Ifthe purchased item isdefective, the provisions of statutory liability for defects shall apply.

7.2The customer is requested to file a complaint with the delivery company regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

8) Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications

8.1 If, under the terms of the contract, the Seller is obligatednot only to deliver the goods but also to process them according to the Customer’s specific instructions, the Customer must provide the Seller with all content required for such processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the Seller, and must grant the Seller the necessary rights of use for this purpose. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personality rights.

8.2The Customer shall indemnify the Seller against any claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s use of the Customer’s content in accordance with the contract. In this regard, the Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and for a defense.

8.3The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates any legal or regulatory prohibitions or is contrary to public decency. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) Redeeming promotional coupons

9.1Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”), may only be redeemed in the Seller’s online store and only during the specified period.

9.2 Certainproducts may be excluded from the voucher promotion if the terms of the promotional voucher specify such a restriction.

9.3Promotional coupons can only be redeemed before the order process is completed. They cannot be applied retroactively.

9.4Only one promotional coupon may be redeemed perorder.

9.5The value of the merchandise must be at least equal to the amount of the promotional coupon. The seller will not refund any remaining balance.

9.6 Ifthe value of the promotional coupon is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.

9.7The value of a promotional voucher cannot be redeemed for cash and does not accrue interest.

9.8The promotional voucher is non-refundable if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

9.9The promotional voucher is transferable. The Seller may make performance to the respective holder who redeems the promotional voucher in the Seller’s online store with discharging effect. This does not apply if the Seller has knowledge of, or is grossly negligent in failing to recognize, the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

10) Redeeming gift certificates

10.1Gift certificatesthat can be purchased through the Seller’s online store (hereinafter “Gift Certificates”) may only be redeemed in the Seller’s online store, unless otherwise specified on the gift certificate.

10.2 Gift certificatesand any remaining balance on gift certificates may be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.

10.3Gift certificates can only be redeemed before the order process is completed. They cannot be applied retroactively.

10.4 You can redeem multiple gift certificates witha single order.

10.5 Gift certificatesmay only be used to purchase merchandise and not to purchase additional gift certificates.

10.6 Ifthe value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.

10.7The balance on a gift certificate cannot be redeemed for cash and does not accrue interest.

10.8The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online store. This does not apply if the Seller has knowledge of, or is grossly negligent in failing to recognize, the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. With respect to consumers, this choice of law shall apply only 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 his or her habitual residence.

12) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be 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 the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

13) Alternative Dispute Resolution

13.1 TheEuropean Commission provides an online dispute resolution platform at the following link:https://ec.europa.eu/consumers/odr

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

13.2The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.