General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Daliun LLC Ltd. (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. 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 For 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 attributable to their commercial nor their independent professional activity.

1.4 For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the course of its 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 an invitation to 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 offer to purchase the goods in the shopping cart by clicking the button that concludes the order process. Alternatively, the customer can also submit the offer to the seller by email, fax, online contact form, mail, or telephone.

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 the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer 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 When selecting a payment method offered by PayPal, 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 Use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – Subject to the terms and conditions for payments without a PayPal account, which 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 during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks 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 conclusion of the contract and transmitted to the customer in text form (e.g., 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 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 using the corresponding login details.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using the standard keyboard and mouse functions until they click the button that completes the order.

2.7 Different languages ​​are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order 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 correct so that emails sent by the seller can be received at that address. In particular, if 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.

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 cancellation policy.

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

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. 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 be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers 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.

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

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

4.5 When selecting a payment method offered via the payment service “PayPal”, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the customer's selected payment method in the event of a negative verification result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the case of assignment of receivables, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations and their submission, or credit notes.

4.6 When selecting the payment method "Sofort" (Instant Transfer), payment processing is handled by Klarna Bank AB (publ), Sveavågen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofort" (Instant Transfer), the customer must have an online banking account enabled for participation in "Sofort" (Instant Transfer), authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna, and the customer's bank account is debited. Further information on the payment method "Sofort" (Instant Transfer) The customer can access this information online at https://www.klarna.com/sofort/.

4.7 When selecting a payment method offered via the payment service “Unzer”, payment processing is handled by Unzer Luxembourg S.A., 18-20 Rue Gabriel Lippmann, 5365 Munsbach, Luxembourg (hereinafter: “Unzer”). The individual payment methods offered via Unzer are displayed to the customer in the seller's online shop. Unzer may use the services of third-party payment providers to process payments, for which special payment terms may apply. The customer will be notified separately of these terms. Further information about “Unzer” are available online at https://www.unzer.com/de/zahlungsmethoden/.

4.8 When selecting a payment method offered via the payment service “SumUp”, payment processing is handled by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter “SumUp”). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. SumUp may use other payment services to process payments, for which special payment terms may apply, and the customer will be notified separately if applicable. Further information about SumUp is available online at https://www.sumup.com/de-de/.

4.9 When selecting the payment method "purchase on account," the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 10 (ten) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information section of the online shop.

4.10 When selecting SEPA Direct Debit as the payment method, the invoice amount is due after a SEPA Direct Debit mandate has been issued, but not before the deadline for the pre-notification of the payment has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for the pre-notification has expired. Pre-notification is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a charge via SEPA Direct Debit. If a direct debit is not honored due to insufficient funds or incorrect bank details, or if the customer objects to the debit without justification, the customer is liable for any fees incurred by the respective credit institution for the chargeback, provided the customer is at fault.

5) Delivery and shipping conditions

5.1 If the seller offers shipping of the goods, delivery will be made within the seller's specified delivery area to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is authoritative for the processing of the transaction.

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 costs of the initial shipment if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the above, the risk of accidental loss or accidental damage to the goods sold passes to the customer, even in the case of consumers, as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller did not previously inform the customer of this person or entity.

5.4 Self-collection is not possible for logistical reasons.

5.5 Vouchers will be provided to the customer as follows:

• by Email
• postal

6) Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stipulated in the following provisions, the regulations governing statutory warranty rights apply. However, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

• The seller has the choice of the type of subsequent performance;
• The limitation period for warranty claims for new goods is one year from delivery of the goods;
For used goods, warranty rights are excluded. The limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.2 The aforementioned limitations of liability and reductions of time limits do not apply

• for claims for damages and reimbursement of expenses by the customer,
• for the case that the seller has fraudulently concealed the defect,
• for goods which, according to their usual purpose, have been used for a building and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller. Failure to do so will not affect their statutory or contractual rights regarding defects.

8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

8.2 Promotional vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the terms and conditions of the promotional voucher.

8.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 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.

8.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

8.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

8.10 The promotional voucher is transferable. The seller can fulfill their obligation by making payment to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers and remaining balances on gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

9.4 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.

9.5 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 pay the difference.

9.6 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

9.7 The gift voucher is transferable. The seller can fulfill their obligation by making payment to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

10) Alternative Dispute Resolution

The seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.