General terms and conditions with customer information

TABLE OF CONTENTS

1. Scope of application
2. Conclusion of contract
3. Right of cancellation
4. Prices and terms of payment
5. Delivery and dispatch conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to specific customer specifications
9. Special conditions for assembly/installation services
10. Special conditions for repair services
11. Redemption of gift vouchers
12. Applicable law
13. Place of jurisdiction
14. Alternative dispute resolution
15. Vouchers & Coupons

1) SCOPE OF APPLICATION

1.1These General Terms and Conditions (hereinafter referred to as "GTC") of the company ICUserver GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.3A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC 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.

1.4Depending on the seller's product description, components of the seller's product range presented may be linked to the conclusion of a contract for the provision of telecommunications services (hereinafter "telecommunications contract") with a third-party provider (hereinafter "service provider"). In this case, the existence of the contract with the seller depends on the conclusion of a telecommunications contract with the service provider and on the fact that the telecommunications contract is not cancelled by the customer. The relevant statutory provisions and any deviating contractual terms and conditions of the respective service provider apply to the telecommunications contract. The seller merely acts as an intermediary for such contracts.

2) CONCLUSION OF CONTRACT

2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone or e-mail.

2.3The 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), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. 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 shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4If a payment method offered by PayPal is selected, payment is processed via 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 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 by means of 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 time the customer clicks the button concluding the ordering process.

2.5If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.

2.6When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.7Before placing a binding order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that finalises the ordering process.

2.8The German and English languages are available for the conclusion of the contract.

2.9Order processing and contact are generally carried out by 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 by the seller to process the order can be delivered.

3) RIGHT OF CANCELLATION

3.1Consumers are generally entitled to a right of cancellation.

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

4) PRICES AND TERMS OF PAYMENT

4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

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

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

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

4.5If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimise himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately executed by "SOFORT" and the customer's bank account is debited. The customer can find more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.6If a payment method offered via the payment service "Shopify Payments" is selected, the payment is processed via 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. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) 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 reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

4.8If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by 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 carry out a credit check and to reject this payment method if the credit check is negative.

5) DELIVERY AND SHIPPING CONDITIONS

5.1Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2If the 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 return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.

5.3Self-collection is not possible for logistical reasons.

5.4Vouchers are issued to the customer as follows:

• per download
• by e-mail

6) RETENTION OF TITLE

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) LIABILITY FOR DEFECTS (WARRANTY)

7.1If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

7.3The seller is not liable for defects in the fulfilment of the telecommunications contract, for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual terms and conditions of the respective service provider shall apply.

8) SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO SPECIFIC CUSTOMER REQUIREMENTS

8.1If, according to the content of the contract, the seller is also responsible for processing the goods according to the customer's specifications in addition to delivering the goods, 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 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 accepts responsibility for ensuring that he has the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trade mark rights and personal rights.

8.2The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the reasonable costs of the necessary legal defence, including all court and legal 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 immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.

8.3The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

9) SPECIAL CONDITIONS FOR ASSEMBLY/INSTALLATION SERVICES

If, according to the content of the contract, the seller is also responsible for the assembly or installation of the goods at the customer's premises in addition to the delivery of the goods, as well as any corresponding preparatory measures (e.g. measurement), the following shall apply:

9.1The Seller shall provide its services at its own discretion either in person or through qualified personnel selected by it. In doing so, the Seller may also utilise the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.

9.2The customer must provide the seller with the complete and truthful information required for the provision of the service owed, insofar as the procurement of this information is not the responsibility of the seller according to the content of the contract.

9.3The seller shall contact the customer after conclusion of the contract in order to arrange an appointment for the service owed. The customer shall ensure that the seller or the personnel authorised by the seller have access to the customer's relevant facilities on the agreed date.

9.4The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the installation work and handover to the customer.

10) SPECIAL CONDITIONS FOR REPAIR SERVICES

If, according to the content of the contract, the seller owes the repair of an item belonging to the customer, the following shall apply:

10.1Repair services shall be provided at the seller's registered office.

10.2The Seller shall provide its services at its own discretion either in person or through qualified personnel selected by it. In doing so, the Seller may also utilise the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.

10.3The customer must provide the seller with all information required for the repair of the item, unless the procurement of such information is not the responsibility of the seller according to the content of the contract. In particular, the customer shall provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may be the cause of the defect found.

10.4Unless otherwise agreed, the customer shall ship the item to be repaired to the seller's registered office at his own expense and risk. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.

10.5The return of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller shall take out transport insurance for the goods.

10.6The aforementioned provisions do not limit the customer's statutory rights in the event of defects in the event of the purchase of goods from the seller.

10.7The seller shall be liable for defects in the repair work performed in accordance with the provisions of statutory liability for defects.

11) REDEMPTION OF GIFT VOUCHERS

11.1Vouchers 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 in the voucher.

11.2Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

11.3Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.4Only one gift voucher can be redeemed per order.

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

11.6If 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 settle the difference.

11.7The balance of a gift voucher is neither paid out in cash nor does it bear interest.

11.8The gift voucher is transferable. The seller can make payment with discharging effect 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 non-authorisation, legal incapacity or lack of power of representation of the respective holder.

12) APPLICABLE LAW

The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13) JURISDICTION

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Republic of Austria, the seller's place of business 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 aforementioned cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

14) ALTERNATIVE DISPUTE RESOLUTION

14.1The EU Commission provides a platform for online dispute resolution on the Internet 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 purchase or service contracts in which a consumer is involved.

14.2The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

15) Vouchers & coupons

Here are the guidelines for the use of vouchers/coupons as part of discount and special promotions on SHOP.icuserver.com.

The following conditions apply to all vouchers & coupons on SHOP.icuserver.com, unless otherwise stated.

15.1. Terms of use

Each coupon for a special or discount promotion can only be used and redeemed once. Only one coupon can be used per order and only one coupon per customer is permitted per purchase. It is not possible to combine coupons with other promotions/vouchers. Cash payment or retroactive crediting of coupons to orders already placed is not possible. Coupons are only valid for products on SHOP.icuserver.com. The resale of coupons is prohibited. Coupons cannot be transferred to other customer accounts. Shipping costs cannot be paid with coupons. Coupons cannot be used to purchase books, magazines or gift vouchers. Discounted items are excluded from coupon promotions. Validity

Coupons for discount and special promotions are only valid during the promotion period specified in the webshop SHOP.icuserver.com and in the newsletter and can only be redeemed during this period. Minimum order value The minimum order value for redeeming coupons as part of discount and special promotions is €50.

15.2. Right of return

The reduced purchase price will be refunded on return. There is no entitlement to a refund or replacement of the coupon.

15.3. Problem solution

If you have any problems with a coupon, please contact us by e-mail: info@icuserver.com. Please describe the problem as precisely as possible and include important information such as your order number, the voucher code, error messages from the system and the browser you are using.