AGB

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents

1. Scope of Application

2. Conclusion of the Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Terms

6. Granting of Rights of Use for Digital Content

7. Retention of Title

8. Liability for Defects (Warranty)

9. Redemption of Promotional Vouchers

10. Redemption of Gift Vouchers

11. Governing Law

12. Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as the “T&C”) of Femboyzone, operating under the name “Femboyzone Luca Günther” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or an entrepreneur (hereinafter referred to as the “Customer”) and the Seller with regard to 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.

1.2 These T&C apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 These T&C apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these T&C refers to data that is created and provided in digital form.

1.4 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.5 An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

1. Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer using the online order form integrated into the Seller’s online store. 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 completes the ordering process.

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 the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the Customer submits the offer and ends upon expiration of the fifth day following submission 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 If a payment method offered by PayPal is selected, payment processing shall be carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal User Agreement, 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 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 If the “Amazon Payments” payment method is selected, payment processing shall be carried out through the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, the Customer also issues a payment instruction to Amazon by clicking the button that completes the ordering process. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When an offer is submitted using the Seller’s online order form, the contract text shall be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller shall not make the contract text accessible beyond this. If the Customer created a user account in the Seller’s online store before submitting their order, the order data shall be archived on the Seller’s website and may be accessed by the Customer free of charge through their password-protected user account by entering the corresponding login details.

2.7 Before submitting the order in a binding manner using the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical method for better identifying input errors may be the browser’s zoom function, which can be used to enlarge the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.

2.9 Order processing and communication generally take place by 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, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

1. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal is provided in the Seller’s cancellation policy.

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

1. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply 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 for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for transferring funds through financial institutions (e.g., transfer fees or exchange-rate fees) or import duties and taxes (e.g., customs duties). Such costs relating to the transfer of funds may also arise 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 available payment option(s) shall be communicated to the Customer in the Seller’s online store.

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

4.5 If a payment method offered through the “PayPal” payment service is selected, payment processing shall be carried out through PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods through PayPal under which the Seller provides advance performance to the Customer (e.g., purchase on account or installment payments), the Seller shall assign its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall conduct a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit-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 installments. In this case, the Customer may only make payment to PayPal or to the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the Seller shall remain responsible for general Customer inquiries, for example regarding the goods, delivery times, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes.

4.6 If the “SOFORT” payment method is selected, payment processing shall be carried out through the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as “SOFORT”). To pay the invoice amount through “SOFORT,” the Customer must have an online banking account that has been activated for participation in “SOFORT,” must properly authenticate themselves during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction shall then be carried out immediately by “SOFORT,” and the Customer’s bank account shall be debited. Further information regarding the “SOFORT” payment method is available online at https://www.klarna.com/sofort/.

4.7 If a payment method offered through the “Shopify Payments” payment service is selected, payment processing shall be carried out through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). The individual payment methods offered through Shopify Payments shall be communicated to the Customer in the Seller’s online store. Stripe may use additional payment services to process payments, for which special payment terms may apply and of which the Customer may be separately informed. Further information regarding “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.8 If a Ratepay payment method offered by the Seller is selected (e.g., Ratepay invoice, Ratepay advance payment, Ratepay direct debit, or Ratepay installment payment), payment processing shall be carried out through Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin, Germany (hereinafter referred to as “Ratepay”), to which the Seller assigns its claim against the Customer. The specific Ratepay payment methods offered by the Seller shall be communicated to the Customer on the Seller’s website. The Customer may only make payment to Ratepay with debt-discharging effect. However, the Seller shall remain responsible for general Customer inquiries (e.g., regarding the goods, delivery times, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes). In all other respects, Ratepay’s General Payment Terms shall apply and may be accessed here: https://www.ratepay.com/legal-payment-terms/

4.9 If the credit card payment method is selected, the invoice amount shall be due immediately upon conclusion of the contract. Credit card payment processing shall be carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which the Seller authorizes to collect the claim in its name. PAYONE GmbH shall collect the invoice amount from the Customer’s specified credit card account. The credit card shall be charged immediately after the Customer submits the order in the online store. Even when the credit card payment method through PAYONE GmbH is selected, the Seller shall remain responsible for general Customer inquiries, for example regarding the goods, delivery times, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes.

4.10 If the credit card payment method is selected, the invoice amount shall be due immediately upon conclusion of the contract. Credit card payment processing shall be carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz, Germany (www.secupay.ag), to which the Provider assigns its payment claim. secupay AG shall collect the invoice amount from the Customer’s specified credit card account. In the event of assignment, payment may only be made to secupay AG with debt-discharging effect. The credit card shall be charged immediately after the Customer submits the order in the online store. Even when the credit card payment method through secupay AG is selected, the Provider shall remain responsible for general Customer inquiries, for example regarding returns, complaints, declarations and submissions of withdrawal, or credit notes.

4.11 If credit card payment through Stripe is selected, the invoice amount shall be due immediately upon conclusion of the contract. Payment processing shall be carried out through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit-check result.

4.12 If the “Riverty Installment Payment” payment method is selected, payment processing shall be carried out through Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (hereinafter referred to as “Riverty”), to which the Seller assigns its payment claim. Before accepting the Seller’s declaration of assignment, Riverty shall conduct a credit check using the transmitted Customer data. The Seller reserves the right to refuse the “Riverty Installment Payment” payment method to the Customer in the event of a negative credit-check result. If the “Riverty Installment Payment” payment method is approved by Riverty, the Customer must pay the invoice amount to Riverty under the conditions established by the Seller and communicated to the Customer in the Seller’s online store. In this case, the Customer may only make payment to Riverty with debt-discharging effect. However, even in the event of assignment of the claim, the Seller shall remain responsible for general Customer inquiries, for example regarding the goods, delivery times, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes. In addition, the Special Contractual Terms for Subsequent Installment Transactions (Riverty Installment Payment) shall apply and may be accessed online at https://www.Riverty Ratenzahlung.de/service-integration/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/.

4.13 If a payment method offered through the “Klarna” payment service is selected, payment processing shall be carried out through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as “Klarna”). Further information and Klarna’s applicable terms are available here:

Klarna Invoice

Germany

https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0

Austria

https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_at/invoice?fee=0

Klarna Installment Purchase

https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account

Terms of Use for Germany

https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_de/user

Austria

https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_at/user

1. Delivery and Shipping Terms

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address provided in the Seller’s order processing system shall be decisive.

5.2 If delivery of the goods fails for 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 original shipping costs if the Customer validly exercises their right of withdrawal. If the Customer validly exercises their right of withdrawal, the provisions regarding return shipping costs contained in the Seller’s cancellation policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, 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 goods sold shall generally pass only upon delivery of the goods to the Customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to a consumer as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment if the Customer commissioned the forwarding agent, carrier, or other person or institution to carry out the shipment and the Seller did not previously identify that person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event that the Seller does not receive proper or correct delivery from its own supplier. This shall apply only if the failure to deliver is not attributable to the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer shall be informed immediately and the consideration shall be refunded immediately.

5.5 Local pickup is not possible for logistical reasons.

5.6 Vouchers shall be provided to the Customer as follows:

• by email

5.7 Digital content shall be provided to the Customer as follows:

• by direct access through the entrepreneur’s website

• by download

• by email

1. Granting of Rights of Use for Digital Content

6.1 Unless otherwise stated in the content description in the Seller’s online store, the Seller grants the Customer a non-exclusive right, unrestricted in terms of territory and duration, to use the provided content exclusively for private purposes.

6.2 The content may not be transferred to third parties, and copies may not be created for third parties outside the scope of these T&C, unless the Seller has consented to the transfer of the license that is the subject matter of the contract to the third party.

6.3 If the contract concerns the one-time provision of digital content, the granting of rights shall become effective only after the Customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the content that is the subject matter of the contract before this time. Such provisional permission shall not result in a transfer of rights.

1. Retention of Title

If the Seller provides advance performance, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

1. Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur:

• the Seller shall have the right to choose the type of subsequent performance;

• for new goods, the limitation period for defects shall be one year from delivery of the goods;

• for used goods, rights and claims due to defects shall be excluded;

• the limitation period shall not begin again if a replacement delivery is made as part of liability for defects.

8.2 The limitations of liability and shortened limitation periods set forth above shall not apply:

• to claims by the Customer for damages and reimbursement of expenses;

• if the Seller fraudulently concealed the defect;

• to goods that have been used for a building in accordance with their customary manner of use and have caused the building to be defective;

• to any obligation of the Seller to provide updates for digital products in connection with contracts for the delivery of goods containing digital elements.

8.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

8.5 If the Customer acts as a consumer, the Customer is requested to report delivered goods with obvious transport damage to the delivery service and to notify the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on the Customer’s statutory or contractual claims for defects.

1. Redemption of Promotional Vouchers

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

9.2 Individual products may be excluded from the voucher promotion if such a restriction is stated in the content of the Promotional Voucher.

9.3 Promotional Vouchers may only be redeemed before completion of the ordering process. Subsequent application is not possible.

9.4 Only one Promotional Voucher may be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit shall not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.7 The balance of a Promotional Voucher shall neither be paid out in cash nor bear interest.

9.8 The Promotional Voucher shall not be refunded if the Customer returns goods paid for in whole or in part using the Promotional Voucher while exercising their statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller may discharge its obligation by providing performance to the respective holder who redeems the Promotional Voucher in the Seller’s online store. This shall not apply if the Seller has knowledge, or grossly negligent lack of knowledge, of the respective holder’s lack of entitlement, legal incapacity, or lack of authority to represent another person.

1. Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through the Seller’s online store (hereinafter referred to as “Gift Vouchers”) may only be redeemed in the Seller’s online store unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining balances on Gift Vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances shall be credited to the Customer until the expiration date.

10.3 Gift Vouchers may only be redeemed before completion of the ordering process. Subsequent application is not possible.

10.4 Only one Gift Voucher may be redeemed per order.

10.5 Gift Vouchers may only be used to purchase goods and may not be used to purchase additional Gift Vouchers.

10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

10.7 The balance of a Gift Voucher shall neither be paid out in cash nor bear interest.

10.8 The Gift Voucher is transferable. The Seller may discharge its obligation by providing performance to the respective holder who redeems the Gift Voucher in the Seller’s online store. This shall not apply if the Seller has knowledge, or grossly negligent lack of knowledge, of the respective holder’s lack of entitlement, legal incapacity, or lack of authority to represent another person.

1. Governing Law

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

11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.

1. Alternative Dispute Resolution

12.1 The European 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 purchase or service contracts involving a consumer.

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