General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Contract Duration and Termination in Subscription Contractsät19>
7. Retention of Title
8. Liability for Defects (Warranty)ä
9. Liability
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Code of Conduct
15. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as „GTC“) of MoleQlar GmbH (hereinafter referred to as „Sellerä), 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 its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise regulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.

1.4 Entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.5 The subject of the contract may – depend on the product description of the seller - both the purchase of goods through a one-time delivery and the purchase of goods through a permanent delivery (hereinafter referred to as „subscription contract“) may be included. In the subscription contract, the seller commits to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed intervals.

2) Conclusion of the contract

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

2.2 The customer can submit the offer üthrough the online order form integrated into the online shop of the seller. In doing so, the customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer via email, online contact form, or by phone to the seller.

2.3 The seller can accept the customer's offer within five days,ü by sending the customer a written order confirmation or an order confirmation in text form (fax or email) üwhere the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, where the receipt of the goods by the customer is decisive, or by requesting the customer to make payment after placing their order.

If multiple of the aforementioned alternatives are present, the contract is concluded at the time when 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 with the expiration 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, resulting in the customer no longer being bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out üby 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”), in accordance with the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not ühave a PayPal account ü under the terms for payments without a PayPal account, available 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 the acceptance of the customer's offer at the moment 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 stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the order has been sent. There will be no further accessibility of the contract text provided by the seller.If the customer has set up a user account in the online shop of the seller before placing their order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via their password-protected user account by providing the corresponding login details.

2.6 Before the binding submission of the order üthrough the online order form of the seller, the customer can recognize 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 zoom function of the browser, which helps to enlarge the display on the screen.The customer can correct their entries during the electronic ordering process as long as ü using the ü usual keyboard and mouse functions, until they click the button that completes the ordering process ß.

2.7 Füor the conclusion of the contract, different languages are available. The specific language selection is displayed in the online shop.

2.8 The order processing and contact usually 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 this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description of the seller, the prices stated are total prices that include the statutory value-added tax.Any additional delivery and shipping costs that may arise will be 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. This includes, for example, costs for the money transfer through financial institutions (z.B. Ütransfer fees, exchange rate fees) or customs duties and taxes (z.B. customs). Such costs may also arise in relation to the money transfer even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The paymentöoption/s will be communicated to the customer in the online shop of the seller.

4.4 If advance payment by bankütransfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service üPayPal“ is selected, the payment processing takes place üthrough PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller offers payment methods via PayPal that involve advance payment to the customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer.Before accepting the assignment declaration of the seller, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative 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 intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits, even in the case of the assignment of claims.

4.6 When selecting a üpayment method offered via the payment service "Shopify Payments", the payment processing is carried out by 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 üpayment methods offered via Shopify Payments will be communicated to the customer in the online shop of the seller. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about "Shopify Payments" can be accessed online at https://www.shopify.com/legal/terms-payments-de.

4.7 When selecting a üpayment method offered via the payment service „Stripe“, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual üpayment methods offered by Stripe will be communicated to the customer in the online shop of the sellerä. For the processing of payments, Stripe may use additional payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about Stripe is available online at https://stripe.com/de.

4.8 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out üby the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: „Stripe“). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

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

5.2 If the 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 sending if the customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions made in the seller's withdrawal information apply in the case of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer üas soon as the seller has delivered the item to the carrier, the freight forwarder, or any 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 sold goods generally only passes with Üthe handover of the goods to the customer or an authorized recipient ü.Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer ü as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or not properly executed self-supply.This applies only in the case that the non-delivery is not the fault of the seller and that the seller has concluded a specific covering transaction with the supplier with the required diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.ü

5.6 Vouchers will be provided to the customer as follows:

- by email

6) Contract duration and termination of subscription contractsä

6.1 Subscription agreementsä are concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period.

6.2 The right to extraordinary termination for good cause remains unaffected. A good cause exists if, taking into account all circumstances of the individual case and weighing the mutual interests, the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period.

6.3 Terminations can be made in writing, in text form (e.g., by email), or in electronic form via the termination facility (termination button) provided by the seller on their website.ü

7) Retention of Title

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

8) Defect Liability (Warranty)ää

Unless otherwise stated in the following provisions, the regulations of statutory defect liability apply. Deviating from this, the following applies to contracts for the delivery of goods:ä

8.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for warranty rights is one year from the delivery of the goods;
• for used goods, warranty rights are excluded;
• the limitation period does not restart if a replacement delivery occurs within the framework of warranty liability.

8.2 The liability limitations and deadlines regulated above do not applyänktionen and deadlines do not applyü for claims for damages and reimbursement of expenses of the customer,

for the case that the seller has fraudulently concealed the defect,ü

for goods that have been used in accordance with their üusual purpose for a building and have caused its defects,

for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

8.4 If the customer acts as a merchant i.S.d. § 1 HGB, they are subject to the commercial inspection and notification obligations according to äß § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are considered approved.

8.5  If the customer acts as a consumer, they are requested to report any obvious transport damages of delivered goods to the carrier and to inform the seller about it. If the customer does not comply, this has no effect on their statutory or contractual claims for defects.äü9) Liability

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

9.1  The seller is liable without limitation for any legal reason in cases of intent or gross negligence,ää in cases of intentional or negligent injury to life, body, or health,

• based on a guarantee promise, unless otherwise stipulated in this regard,ä
based on mandatory liability such as under the Product Liability Act.
• ä ä9.2ö
If the seller negligently violates a material contractual obligation, liability is limited to the typical, foreseeable damage, unless liability is unlimited as stated in the preceding clause.
• üEssential contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely. 9.3 In other respects, liability of the seller is excluded. 9.4 The above liability provisions also apply with regard to the liability of the seller for his vicarious agents and legal representatives. 10) Redemption of promotional vouchers 10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that 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.

  10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

  10.3 Promotional vouchers can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.

  10.4 Only one promotional voucher can be redeemed per order.

  10.5 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must at least match the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.ä

  10.6 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 chosen to settle the difference.ü ää

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

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

  10.9 The promotional voucher is transferable.ü The seller can perform with discharging effect 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 ineligibility, incapacity to act, or lack of representation authority of the respective holder.

  11) Redemption of gift vouchers

  11.1 Vouchers that can be purchased through 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.

  11.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of voucher purchase.Remaining credit will be credited to the customer until the expiration date.

  11.3 Gift vouchers can only be redeemed before completing the ordering process. A subsequent offset is not possible.

  11.4 Multiple gift vouchers can also be redeemed for a single order.

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

  11.6 If 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 chosen to settle the difference.

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

  11.8 The gift voucher is ütransferable. The seller can perform with liberating effect to the respective holder whoä redeems the gift voucher in the seller's online shopä. This does not apply if the sellerö has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of representation authority of the respective holderää.ää

  12) Applicable Law

  12.1 For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws üon the international sale of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

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

  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 Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract shall be the place of business of the seller.If the customer is based outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the aforementioned cases, the seller is entitled to call upon the court at the customer's location in any case.

  14) Code of Conduct

  • The seller has submitted to the participation conditionsä for the eCommerce initiative ü„Fairness in Trade“ which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.
  • The seller has submitted to the guidelinesä for ü„Google Customer Reviews“, which can be viewed online at https://support.google.com/merchants/answer/14629803? hl=en&ref_topic=14629086.

  15) Alternative Dispute Resolution

  The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration boardä.