Table of Contents

1. Scope
2. conclusion of contract
3. Right to cancel

4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods according to specific specifications of the customer
10. Redeeming promotional vouchers
11. Redeeming Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Matsch mit Sahne UG (limited liability) (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership 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 online shop of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in 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 in the shopping cart by clicking the button that concludes the ordering process.

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), in which case the receipt of the order confirmation by the customer is decisive, or
• By delivering the ordered goods to the customer, in so far as the access of the goods to the customer is relevant, or
• by asking the customer to pay after placing his order.

Where several of the above alternatives are present, the contract shall come into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be deemed a rejection of the offer with the result that the customer is no longer bound to his consent.

2.4 If you select a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been submitted. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before submitting their order, the order data is 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 details.

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 enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 To enter the contract you can use German as your prefered language.

2.8 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

3.1 In principle, consumers are entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money 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.

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

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

4.5 When selecting a payment method offered via the "Shopify Payments" service, payment processing is handled by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are displayed to the customer in the seller's online shop. Shopify may use other payment services to process payments, which may be subject to separate terms and conditions. The customer will be notified of these separately if applicable. Further information about "Shopify Payments" is available online at [website address missing in original text]. https://www.shopify.com/legal/terms-payments/de .

4.6 If you select a payment method offered via the "Stripe" payment service, the payment will be processed 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 Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. More information about Stripe is available online at https://stripe.com/de .

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, the delivery takes place within the delivery area specified by the seller 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 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 delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.

5.4 If the customer is a consumer residing in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. However, this only applies if the non-delivery is not the seller's fault and the seller has, with due diligence, concluded a specific cover transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

5.5 If the seller offers the goods for collection, the customer can pick up the ordered goods within the business hours specified by the seller at the address given by the seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the customer as follows:

- by email

6) Retention of title

If the seller delivers in advance, he retains title to the delivered goods until full payment of the owed purchase price.

7) Liability for defects (guarantee)

Unless otherwise specified in the following regulations, the provisions of statutory liability for defects 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 supplementary performance;
• For new goods, the limitation period for claims for defects is one year from delivery of the goods;
• In the case of used goods, the warranty rights are excluded;
• the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.

7.2 The limitations of liability and shortening of deadlines set out above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any existing obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and complaint obligation in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.

7.5 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) liability

The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason

• in case of intent or gross negligence,
• in the event of willful or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability such as under the Product Liability Act.

8.2 If the customer is acting as a consumer based in Germany or as an entrepreneur, the following limitations of liability apply:

If the seller negligently breaches a material contractual obligation, their liability is limited to the foreseeable damages typical for this type of contract, unless they are liable without limitation as per the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller to achieve its purpose, the fulfillment of which is essential for the proper performance of the contract, and on whose compliance the customer may regularly rely. Otherwise, the seller's liability is excluded, unless they are liable without limitation as per the preceding clause.

8.3 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific specifications of the customer

9.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the customer, the customer must provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes and to grant him the necessary rights of use. The customer alone is responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.

9.2 The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.

10) Redeeming Promotional Vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

10.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting 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 value of the promotional voucher. Any remaining balance 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 settle the difference.

10.8 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.

10.9 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

10.10 The promotional voucher is transferable. The seller can pay the respective owner who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

11) Redeeming Gift Certificates

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 balance of gift vouchers can be redeemed by the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.

11.4 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

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

11.6 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

11.7 The gift voucher is only intended 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.

12) Applicable law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

13) Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located 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 above cases, the seller is in any case entitled to call the court at the customer's place of business.

14) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.