AGB

General Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

Scope of Application

Conclusion of Contract

Right of Withdrawal

Prices and Payment Conditions

Delivery and Shipping Conditions

Retention of Title

Liability for Defects (Warranty)

Special Conditions for the Processing of Goods According to Specific Customer Specifications

Applicable Law

Place of Jurisdiction

Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") and Allesbeiuns UG (hereinafter "GTC"), Martin-Opitz-Straße 17 a, 13357 Berlin, Germany (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur within the meaning of these Terms and Conditions 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 as a basis for the customer to submit a binding offer.

2.2 The customer can submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual 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 an offer to the Seller by telephone, fax, email, post, or via the online contact form.

2.3 The Seller 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), whereby receipt of the order confirmation by the Customer is decisive, or

by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

by requesting payment from the Customer after placing the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends on the expiry of the fifth day following the dispatch 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 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 will be carried out via 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, 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. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., by email, fax, or letter) after the Customer has submitted their order. The Seller will not make the contract text available beyond this time. If the Customer has created 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 by providing 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 detection of 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 his entries using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

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

2.8 Order processing and contact are generally carried out 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 this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

2.9 When ordering alcoholic beverages, the customer confirms that they have reached the legally required minimum age by submitting the order.

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.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs will be stated 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 credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise with regard to money transfers 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 seller's online shop.

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

4.5 If the purchase on account payment method is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop. The Seller also reserves the right to conduct a credit check if the purchase on account payment method is selected and to reject this payment method if the credit check is negative.

4.6 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the expiration of the advance notice period. The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before the expiration of the advance notice period. Pre-notification is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being authorized to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this. The seller reserves the right to conduct a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.

5) Delivery and Shipping Conditions

5.1 Goods will be delivered by shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the seller's order processing is decisive for the processing of the transaction.

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 to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions of the seller's cancellation policy apply to return shipping costs.

5.3 In the case of self-collection, the seller will first inform the customer by email that the goods ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters after consulting with the seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the seller makes advance payments, they retain title to 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 statutory liability for defects applies.

7.2 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

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

8.1 If, according to the content of the contract, the Seller 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 content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the Seller, and grant the Seller the necessary rights of use. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for ensuring that it has the right to use the content provided to the Seller. In particular, it shall ensure that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

8.2 The Customer shall indemnify the Seller against any claims made by third parties in connection with a violation of their rights through the Seller's contractual use of the Customer's content. The Customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary to examine the claims and to defend themselves.

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

9) Applicable Law

9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only 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.

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

10) Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer is based outside the Federal Republic of Germany, the Seller's registered office 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 activity. In the above cases, however, the Seller is entitled in any case to bring the dispute before the court at the Customer's registered office.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution 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 sales 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.

Allesbeiuns UG

Martin-Opitz-Straße 17 a

13357 Berlin

Germany

Registration Court: Berlin, HRB 258715 B