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Allgemeine Geschäftsbedingungen mit Kundeninformationen
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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 conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Place of jurisdiction
13. Alternative dispute resolution

14. Pre-order orders

1) Scope of application
1.1 These General
General Terms and Conditions (hereinafter "GTC") of ZOÉ LU GmbH (hereinafter
"we/us") apply to all contracts for the delivery of goods that you
as a consumer or entrepreneur (hereinafter "you/your") with us regarding
concludes for the goods displayed by us in our online shop. Hereby
we object to the inclusion of your own terms and conditions unless we

have agreed something different with you.
1.2 For contracts for the delivery
these GTC apply accordingly to gift voucher purchases, unless otherwise

unless otherwise agreed.
1.3 Consumer within the meaning of these
Under these GTC, you are a consumer if you conclude a legal transaction for purposes that are predominantly
neither your commercial nor your self-employed professional activity

can be attributed.
1.4 An entrepreneur within the meaning of these
Under these GTC, you are a natural or legal person or a partnership with legal capacity
a partnership that, when concluding a legal transaction, acts in the exercise

your commercial or self-employed professional activity.
1.5 Are you domiciled in
Switzerland or Liechtenstein and use a
by MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen,
Switzerland (hereinafter "MeinEinkauf") has been provided, the following conditions apply
the following conditions apply, with the proviso that instead of us
"MeinEinkauf" becomes your contractual partner. In this case, the following conditions apply, with the proviso that instead of us
merely act as an intermediary between you and MeinEinkauf and do not become
itself a party to the purchase contract. You will be expressly informed of this in our online shop
we expressly point this out. In this case, MeinEinkauf is responsible for
with contract processing. In this case, we will handle correspondence with you
on behalf of MeinEinkauf. This also applies to correspondence in connection
in the event of any service disruptions, particularly when asserting

claims based on defects by you.

2.1 The products displayed in our online shop
the product descriptions contained therein do not constitute binding offers
on our part; instead, they serve to submit a binding offer by
you.

2.2 You can accept the offer via
the online order form integrated into our online shop. In doing so,
you submit, after placing the selected goods in the virtual shopping cart,
and completed the electronic ordering process by clicking the
a legally binding
accept the contractual offer with regard to the goods contained in the shopping cart.

2.3 We may
accept your offer within five days,

–  
by sending you a written order confirmation
or send you an order confirmation in text form (fax or email), whereby
insofar as receipt of the order confirmation by you is decisive, or

–  
by delivering the ordered goods to you, whereby
insofar as receipt of the goods by you is decisive, or

–  
by requesting payment from you after you have submitted your order
request you to make payment.

If several of the aforementioned
several of the aforementioned alternatives apply, the contract is concluded when one of the
aforementioned alternatives occurs first. The period for acceptance of your
acceptance period begins on the day following the submission of your offer and ends when the
the expiry of the fifth day following the submission of the offer. If
if we do not accept your offer within the aforementioned period, this is deemed to constitute
rejection of the offer, with the consequence that you are no longer bound by your
you are bound by the declaration of intent.

2.4 If you select a payment method offered by PayPal
the payment method offered is processed via
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/legalhub/paypal/useragreement-full
or - if you do not have a PayPal account - subject to
Terms for payments without a PayPal account, available at
https://www.paypal.com/de/legalhub/paypal/privacywax- full. Zahlst du mittels
one of the payment methods offered by PayPal that can be selected during the online ordering process,
we hereby declare acceptance of your offer at the time when
you click the button that completes the ordering process.

2.5 If you select the payment method
"Amazon Payments", payment processing is carried out via
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, available at
https://payments.amazon.de/help/201751590. Wählst du im Rahmen des Online-
ordering process, select “Amazon Payments” as the payment method, you issue a
clicking the button that concludes the ordering process also a
payment order to Amazon. In this case, we hereby declare acceptance
your offer at the time when, by clicking the button that concludes
button that concludes the ordering process triggers the payment process.

2.6 When ordering via
our online order form, we store the contract text after
conclusion of the contract and send it to you after you submit your order in
text form (e.g. email, fax or letter). Any further
The contract text is not made accessible by us. If you
after sending your order, a user account can be set up in our online shop
your order data is archived on our website and can be accessed
via your password-protected user account by entering the relevant login details
can be accessed free of charge.

2.7 Before submitting the order bindingly
you can identify possible input errors in your order using our online order form
by carefully reading the information displayed on the screen
recognize them. An effective technical means of making input errors easier to recognize
in this regard may be your browser’s zoom function for
which can be used to enlarge the display on the screen. Your entries
you can use the electronic ordering process for as long as
you can correct them using the usual keyboard and mouse functions until you click the button,
which completes the ordering process.

2.8 For concluding the contract
different languages are available to you. The specific language selection
is displayed in the online shop.

2.9 Order processing
usually takes place automatically by email. You must ensure that
the email address you provided for order processing is correct, so that
you can receive the emails we send at this address.

3) Right of withdrawal

3.1 Consumers
consumers generally have a right of withdrawal.

3.2 Further information on
The right of withdrawal is set out in our withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise apparent from our
unless otherwise stated in the product description, the prices indicated are
prices, which are total prices that include statutory VAT.
Any additional delivery and shipping costs that may apply are specified in the relevant
specified separately in the product description.

4.2 For deliveries to countries
outside the European Union, additional costs may be incurred in individual cases,
which are not our responsibility and must be borne by you. These include
for example, costs for transferring money through credit institutions (e.g.
transfer fees, exchange-rate fees) or import duties and taxes.
taxes (e.g. customs duties). Such costs may arise in connection with the transfer of money
also be incurred if the delivery is not made to a country outside the
from within the European Union.
from within the European Union.

4.3 The payment method(s)
will be communicated to you in our online shop.

4.4 If payment in advance by
if payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract
due, unless we have agreed a later due date with you.

4.5 If you select a payment method offered via
payment processing is carried out using the payment method offered by the payment service provider “PayPal”
via PayPal, with PayPal also using the services of third parties for this purpose
payment service provider can use. If we also offer payment methods through PayPal
offer payment methods for which we make advance payments to you (e.g. purchase on invoice
or installment payment), we assign our payment claim to PayPal or the relevant
the payment service providers commissioned by PayPal and specifically named to you
payment service provider before accepting our declaration of assignment. PayPal carries out
or the payment service provider commissioned by PayPal using
carries out a credit assessment based on the customer data provided. We reserve the right to
the selected payment method in the event of a negative credit assessment
refuse. If the selected payment method is approved, you have the
the invoice amount within the agreed payment period or
to pay at the agreed payment intervals. In this case, you may only
PayPal or the payment service provider commissioned by PayPal
make payment with discharging effect. However, even in the event of
assignment of claims responsible for general customer inquiries, e.g. regarding the goods,
Delivery times, shipping, returns, complaints, declarations of revocation and
-mailings or credits.

4.6 When selecting the payment method
payment processing for "Sofortüberweisung" is carried out by Klarna
Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter
"Klarna"). To pay the invoice amount via "Sofortüberweisung"
to make the payment, you must have an account activated for participation in
have an online banking account activated for "Sofortüberweisung",
authenticate yourself accordingly during the payment process and issue the payment instruction
confirm. The payment transaction will then be carried out immediately by Klarna
and your bank account will be debited. Further information about the payment method
"Sofortüberweisung" can be found online at
https://www.klarna.com/sofort/ abrufen.

4.7 When selecting a payment method offered through the
payment method offered through the "Apple Pay" payment service is processed
payment processing by Apple Distribution International (Apple),
Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual
payment methods offered through Apple Pay will be communicated to you in our online shop
communicated in the online shop. To process payments, Apple may use additional
Payment services that may be subject to special payment terms,
which you may be informed of separately. Further information about Apple Pay
are available online at https://www.apple.com/de/apple-pay/.

4.8 When selecting a payment method offered through the
payment method offered through the "Stripe" payment service is processed
through 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 through Stripe will be communicated to you in our
communicated in the online shop. To process payments, Stripe may use additional
Payment services that may be subject to special payment terms,
which you may be informed of separately. Further information about Stripe
are available online at https://stripe.com/de.

5) Delivery and shipping terms

5.1 If we offer shipment of the
offer the goods, delivery shall take place within the delivery area specified by us
delivery area to the delivery address you provided, unless otherwise
agreed. When processing the transaction, the information in our order processing
the delivery address provided to PayPal at the time of payment is decisive. Notwithstanding this, if
for the PayPal payment method, the delivery address you provided to PayPal at the time of payment is decisive.
the delivery address provided is decisive.

5.2 If delivery of the
goods for reasons for which you are responsible, you shall bear the costs we incur as a result.
reasonable costs incurred. This applies with regard to the costs for
outward shipment if you effectively exercise your right of withdrawal.
return shipping costs, if you effectively exercise your right of withdrawal
the provision on this contained in our cancellation policy.

5.3 If you are acting as an entrepreneur,
the risk of accidental loss and accidental deterioration
of the sold goods passes to you as soon as we hand the goods over to the carrier,
carrier or other person or institution designated to carry out the shipment
or institution. If you are acting as a consumer, the risk passes to you
the accidental loss and accidental deterioration of the sold
the goods generally passes to you only when the goods are handed over to you or a
the person authorized to receive them. Notwithstanding this, the risk of
accidental loss and accidental deterioration of the sold goods
even if you are acting as a consumer, passes to you as soon as we
the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment
have delivered the goods to the person or institution designated for shipment, if you
the carrier, freight forwarder, or other person or institution designated to carry out the shipment
have commissioned a specific person or institution to carry out the shipment and you have not
you have not previously named this person or institution.

5.4 If you are acting as a consumer
based in Germany or acting as an entrepreneur, we reserve the right
in the event of incorrect or improper self-supply, from the
withdraw from the contract. However, this shall apply only if the failure to deliver was not caused by
attributable to us and we have, with due diligence, concluded a specific
entered into a covering transaction with the supplier. We will make every
make reasonable efforts to procure the goods. In the event that
unavailability or only partial availability of the goods, you will be
informed immediately, and the consideration will be refunded to you immediately.

5.5 Self-collection is
not possible for logistical reasons.

5.6 Gift Cards will be sent to you like
provided as follows:

–  
by email

–  
by mail

5.7 Delivery to a
safe-place location

(1) If you have specified to us or
the delivery service (e.g. via a safe-place authorization, a
safe-place location or delivery authorization in the app or on the website of
a delivery location (e.g. via a safe-place authorization, a
at that location as delivered to you. When the goods are left there, the risk passes
the risk of accidental loss and accidental deterioration of the goods,
in particular through theft, shall pass to you.

(2) If the goods are left without a
if such designation is made by you, it shall not be deemed delivered. In
in this case, your statutory rights shall remain unaffected.

(3) Your statutory rights
shall remain unaffected in all other respects.

6) Retention of title

If we make advance delivery,
we reserve title to the delivered goods until the purchase price owed has been paid in full
title to the delivered goods.

7) Liability for defects (warranty)

Unless the
unless the following provisions provide otherwise, the provisions on
statutory liability for defects. By way of derogation, the following applies to contracts for the delivery
of goods:

7.1 If you are acting as a business,

–  
we have the right to choose the type of subsequent performance;

–  
for new goods, the limitation period for claims based on defects is
the rights relating to defects are limited to one year from delivery of the goods;

–  
the rights relating to defects are excluded for used goods
excluded;

–  
the limitation period does not begin again if a replacement delivery is made as part of the
a replacement delivery is made under the liability for defects.

7.2 The above-regulated
limitations of liability and reductions of limitation periods do not apply

–  
for your claims for damages and
claims for reimbursement of expenses,

–  
if we fraudulently
concealed the defect,

–  
for goods that have
have been used for a structure in accordance with their customary
caused the defect,

–  
for any obligation we may have to
the provision of updates for digital products, in contracts for
the delivery of goods with digital elements.

7.3 In addition, the following applies to
business owner, the statutory limitation periods for any
the statutory right of recourse that may exist shall remain unaffected.

7.4 If you are acting as a merchant
within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects
in accordance with Section 377 of the German Commercial Code (HGB). If you fail to comply with the notification obligations regulated there, the goods shall be deemed
the goods as approved.

7.5 If you are acting as a consumer,
you are asked to report goods delivered with obvious transport damage
to report this to the delivery service and inform us accordingly. If you fail
if you fail to do so, this will have no effect whatsoever on your statutory or
contractual claims for defects.

8) Liability

We are liable to you under all
contractual, contract-like, and statutory claims, including claims in tort
for damages and reimbursement of expenses as follows:

8.1 Wir haften aus jedem
8.1 We are liable on

–  
on any legal basis without limitation

–  
in the event of intent or gross negligence,
in the event of intentional or negligent injury to

–  
life, body or health,
under a guarantee, insofar as

–  
unless otherwise provided in this respect,
under mandatory liability, such as under the

Product Liability Act.
8.2 If you act as a consumer
with registered office in Germany or as a business, the following

liability limitations:
41|If we negligently breach a
material contractual obligation, our liability is limited to the type of loss foreseeable under the contract,
if we negligently breach
a material contractual obligation through negligence, our liability is limited to the typical, foreseeable
foreseeable loss, unless we are subject to unlimited liability under the preceding clause.
we shall be subject to unlimited liability. Material contractual obligations are obligations that
the performance of which the contract, by its nature, imposes on us to achieve the purpose of the contract
enables the proper performance of the contract in the first place and on whose compliance you may regularly rely. Otherwise

our liability is excluded unless we are subject to unlimited liability under the preceding
be subject to unlimited liability under the preceding clause.
8.3 The foregoing

The above liability provisions also apply to our liability for our

agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers that
we issue free of charge as part of promotional campaigns with a specified validity period and which cannot be purchased (hereinafter
"promotional vouchers"), may only be redeemed in our online shop and only during the

be redeemed during the specified period.
9.2 Individual products may be
individual products may be excluded from the voucher promotion if a corresponding

restriction follows from the content of your promotional voucher.
9.3 Promotional vouchers can only
offsetting is not possible.

be redeemed before completion of the ordering process. Subsequent
9.4 Only

only one promotional voucher may be redeemed per order.
9.5 If our
the discount relates to a specific amount rather than a percentage, the value of your goods must be at least equal to the amount of the
the value of the promotional voucher. Any remaining balance will not be refunded by us.
refunded.

9.6 If the value of
the promotional voucher is insufficient to cover your order, you can choose
to pay the difference using one of the other payment methods we offer.
payment methods.

9.7 The balance of
The balance of the promotional voucher will neither be paid out in cash nor earn interest.

9.8 The promotional voucher is
not reimbursed if you return the goods purchased wholly or partly with the promotional voucher
goods paid for as part of your statutory right of withdrawal.

9.9 The promotional voucher is
transferable. We may discharge our obligation by paying the respective holder who
redeems the promotional voucher in our online shop, we will provide. This does not apply,
if we have knowledge or are grossly negligent in failing to know that the person is not entitled,
of legal incapacity or lack of authority to represent the
of the respective holder.

10) Redeeming gift vouchers

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

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

10.3 If the value of
the gift voucher is insufficient to cover the order, one of the other payment methods offered by us can be used to pay
one of the other payment methods offered by us may be selected to settle the difference.
be selected.

10.4 The balance of
the gift voucher shall neither be paid out in cash nor bear interest.

10.5 The gift voucher is
transferable. The seller may discharge its obligation by paying the respective
holder who redeems the gift voucher in the seller's online shop,
perform. This does not apply if the seller knew or was grossly negligent
ignorance of the lack of authorization, legal incapacity, or the
lack of authority to represent the respective holder.

11) Applicable law

All legal relationships
between us shall be governed by the law of the Federal Republic of Germany, excluding the
laws governing the international sale of movable goods. If you act as a
if you act as a consumer, this choice of law shall apply only insofar as you are not deprived of
habitual residence is withdrawn.
the protection granted by the mandatory provisions of the law of the state in which you have your

12) Place of jurisdiction

If you are a merchant,
legal entity under public law or a special fund under public law
separate assets domiciled in the territory of the Federal Republic of Germany, a
exclusive place of jurisdiction for all disputes arising from this contract is our
registered office. If your registered office is outside the territory of the
Federal Republic of Germany, our 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 to your professional or commercial activity
can be attributed to us. However, in the above cases, we are in any
entitled to bring an action before the court at your place of residence.

13) Alternative dispute resolution

We are not willing to participate in
dispute resolution proceedings before a consumer arbitration board, nor
obliged or willing.

14) Pre-order orders

Pre-order goods are
the order is due for payment. With Klarna, payment is due by the payment deadline
is due even if you have not yet received the goods. In the event of a dispute being opened,
disputes due to missing pre-order goods, the amount owed by ZOÉ LU to Klarna
chargeable penalty fee of €25 will be passed on to you. To avoid unnecessary
To incur costs, please contact our
Customer Service (shop@zoelu.com).