Terms & Conditions

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. Defect Liability (Warranty)
8. Liability
9. Special Conditions for Processing Goods According to Customer Specifications
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Mixcover GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. This excludes the inclusion of the Customer's own terms and conditions, unless otherwise agreed.

1.2 For contracts for the delivery of goods with digital elements, these Terms and Conditions apply accordingly, unless otherwise regulated. The Seller is responsible for delivering the goods as well as providing digital content or digital services (hereinafter "digital products") that are contained in or associated with the goods in such a way that the goods cannot perform their functions without them.

1.3 For contracts for the delivery of vouchers, these Terms and Conditions apply accordingly, unless otherwise regulated.

1.4 A consumer for the purposes of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activity.

1.5 An entrepreneur for the purposes of these Terms and Conditions is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or self-employed professional activity when entering into a legal transaction.

2) Contract Conclusion

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve for the Customer to make a binding offer.

2.2 The Customer can make the offer via the online order form integrated into the Seller's online shop. After the Customer has placed the selected goods in the virtual shopping cart and completed the electronic order process, they make a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the order process. The Customer may also make the offer by email or via the online contact form to the Seller.

2.3 The Seller may accept the Customer's offer within five days by:

• sending the Customer a written order confirmation or order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after they have placed their order.

If more than one of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The deadline 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 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, 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 PayPal Terms of Use, which can be found at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be found at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal selectable in the online order process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that completes the order process.

2.5 When making an offer via the Seller's online order form, the contract text is saved by the Seller after contract conclusion and transmitted to the Customer in text form (e.g., email, fax, or letter) after sending their order. The Seller does not provide any further accessibility of the contract text. If the Customer has created a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be retrieved by the Customer at no cost via their password-protected user account using the appropriate login details.

2.6 Before making 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 identification of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic order process using the standard keyboard and mouse functions until they click the button that completes the order process.

2.7 Various languages are available for contract conclusion. The specific language selection is displayed in the online shop.

2.8 Order processing and contact typically take place 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 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 for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller's withdrawal notice.

4) Prices and Payment Terms

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

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that the Customer must bear. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs can also arise in relation to money transfers even if delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

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

4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing is handled via PayPal, which may also use the services of third-party payment service providers. If the Seller offers payment methods via PayPal in which the Seller advances payment to the Customer (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider designated by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the Customer's transmitted data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-relieving effect. However, the Seller remains responsible for general customer inquiries, such as regarding goods, delivery time, shipment, returns, complaints, withdrawal declarations and shipments, or refunds, even in the event of assignment of the claim.

4.6 If a payment method offered via the payment service "Shopify Payments" 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 individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, which may be subject to special payment terms, to which the Customer may be notified separately. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing is decisive. By way of exception, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails due to reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs for outbound shipping if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulations in the Seller's withdrawal notice apply in the event the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or an authorized recipient. As an exception, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer immediately upon delivery to the freight forwarder, carrier, or other person or institution designated to carry out the shipment if the Customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery by its supplier. This only applies if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific supply agreement with the supplier with due care. The Seller will make all reasonable efforts to obtain the goods. In the event of non-availability or partial availability of the goods, the Customer will be informed immediately and payment will be refunded immediately.

5.5 If the Seller offers the goods for pickup, the Customer can collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs are charged.

5.6 Vouchers are made available to the Customer as follows:

- by email

6) Retention of Title

If the Seller advances performance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.

7) Defect Liability (Warranty)

Except as otherwise provided in the following regulations, the provisions of statutory defect liability apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

• the Seller has the choice of the type of remedial action;
• the statute of limitations for defect claims for new goods is one year from delivery of the goods;
• defect claims are excluded for used goods;
• the statute of limitations does not restart if replacement delivery occurs as part of warranty obligations.

7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods with the limitation of the following provision: The statute of limitations for defect claims is one year from delivery of the goods, if this has been expressly and separately agreed upon contractually between the parties and the Customer was specifically informed of the shortening of the statute of limitations before submitting their declaration of intent.

7.3 The liability limitations and statute of limitations shortening regulated above do not apply:

• to the Customer's claims for damages and reimbursement of expenses,
• in the event the Seller fraudulently concealed the defect,
• to goods that have been used according to their normal use for a structure and have caused its deficiency,
• to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory statutes of limitations for any existing statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the Customer is subject to the merchant's examination and notification duties in accordance with § 377 HGB. If the Customer fails to comply with the notification duties regulated there, the goods are deemed to be accepted.

7.6 If the Customer acts as a consumer, they are asked to lodge complaints with the shipping carrier for delivered goods with obvious transport damage and to inform the Seller of this. Failure to do so has no effect on the Customer's statutory or contractual defect claims.

8) Liability

The Seller's liability to the Customer for all contractual, quasi-contractual, and statutory, including tort claims, for damages and reimbursement of expenses is as follows:

8.1 The Seller is liable without limitation for all legal claims:

• in cases of willful intent or gross negligence,
• in cases of willful or negligent violation of life, body, or health,
• based on a warranty promise, to the extent not otherwise regulated,
• based on mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently violates a material contractual obligation, liability is limited to typical contractual damages that are foreseeable, unless unlimited liability applies according to the above provision. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, whose fulfillment first enables the proper execution of the contract at all, and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The above liability provisions also apply with respect to the Seller's liability for its performance assistants and statutory representatives.

9) Special Conditions for Processing Goods According to Customer Specifications

9.1 If the Seller, according to the contract, is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the Customer must provide the Seller with all contents required for processing, such as texts, images, or graphics, in the file formats, formatting, image and file sizes specified by the Seller, and must grant the Seller the necessary usage rights. The Customer is solely responsible for obtaining these contents and acquiring the rights to them. The Customer declares and assumes responsibility for the fact that they possess the right to use the contents provided to the Seller. In particular, they ensure that no third-party rights are violated, especially copyright, trademark, and personality rights.

9.2 The Customer indemnifies the Seller from claims by third parties that they may assert against the Seller in connection with a violation of their rights through the Seller's contractual use of the Customer's contents. The Customer also assumes the necessary costs of legal defense, including all court and attorney fees at statutory rates. This does not apply if the Customer is not responsible for the rights violation. The Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary for examination of the claims and defense in the event of claims by third parties.

9.3 The Seller reserves the right to reject processing orders if the contents provided by the Customer for this purpose violate legal or regulatory prohibitions or violate public policy. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.

10) Redemption of Promotional Vouchers

10.1 Vouchers that the Seller issues free of charge as part of promotional campaigns with a specific validity period and that the Customer cannot purchase (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified time period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the promotional voucher offer if a corresponding limitation results from the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 If the promotional voucher refers to a specific value and not a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

10.7 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 pay the difference amount.

10.8 The credit of a promotional voucher is neither paid out in cash nor accrues interest.

10.9 The promotional voucher is not refunded if the Customer returns goods paid for wholly or partially with the promotional voucher within the scope of their statutory right of withdrawal.

10.10 The promotional voucher is intended only for use 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.

11) Redemption of Gift Vouchers

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

11.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year after the year of gift voucher purchase. Remaining credit is credited to the Customer until the expiration date.

11.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.

11.4 Only one gift voucher can be redeemed per order.

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

11.6 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 selected to pay the difference amount.

11.7 The credit of a gift voucher is neither paid out in cash nor accrues interest.

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

12) Applicable Law

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

13) Jurisdiction

If the Customer acts as a merchant, legal entity under public law, or public-law special asset with a seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the Seller. If the Customer has a seat outside the territory of the Federal Republic of Germany, the place of business of the Seller 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. However, in the aforementioned cases, the Seller is in any case entitled to call upon the court at the Customer's seat.

14) Alternative Dispute Resolution

The Seller is neither obligated nor prepared to participate in dispute resolution proceedings before a consumer arbitration body.