§1 General Provisions

The present General Conditions of Business shall apply to all contracts and agreements, deliveries and other services of the

Sole Trader René Napiontek
Max-Planck-Str. 8
64546 Mörfelden-Walldorf
Germany

- hereafter referred to as the "Seller"

in relation to his Customers. In every case, the version of the General Conditions of Business in effect at the time of placing an order shall apply. Differing Customer conditions are herewith excluded. Such conditions shall only be complied with by the Seller if they have been explicitly agreed to in writing. All side agreements shall be in writing.

The relationship between the Seller and the Customer shall be subject to the laws of the Federal German Republic under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction shall be Frankfurt am Main for Customers who are merchants or legal persons or special authorities under public law.

§2 Offer

The Seller's offers are non-binding and without obligation. The products may differ from a technical or aesthetic point of view from the images or descriptions contained in the website. Only the latest edition of the catalogue is valid, and its publication supersedes previous versions.

§3 Contract and Withdrawal

Orders are placed via the Online-Shop. The Seller undertakes to perform on the orders according to the conditions set out on the website. The Seller shall be entitled to withdraw from the contract in the event of clerical, typographical or calculation errors on the website.

§4 Delivery and Payment

There is no minimum order amount. All prices are inclusive of statutory Value Added Tax. Deliveries to countries outside of the European Union are invoiced at net prices; customs duties and fees are payable by the Customer upon receipt of the goods. For each order the Seller also bills shipping costs based on the weight and volume of the shipment and on the country of destination. Shipping costs are calculated and shown separately during the ordering process. Once the order has been placed, the Customer receives an order confirmation by email setting out the details of the items ordered and indicating the Seller's bank transfer information. Unless otherwise contractually agreed upon in writing, the purchase price shall be paid to the Seller by bank transfer immediately after conclusion of the contract. Credit card (VISA or MasterCard) and PayPal payment options are made available during the ordering process. The prerequisite for payment via PayPal is that the person placing the order be a registered PayPal user. Purchasers may also register directly with PayPal in the course of the ordering process. Please note that certain countries are not included in PayPal's services. The Seller has no control over PayPal's policies.

The goods ordered will be shipped upon receipt of the total amount invoiced. Unless otherwise contractually agreed upon, the goods will be delivered to the address indicated by the person placing the order. The Seller reserves the right to make partial deliveries if this appears to be advantageous to ensure timely processing of the order. Special delivery options selected by the Customer will be invoiced subject to the appropriate local surcharges.

§5 Delivery Time

Information concerning the timing of delivery is non-binding, unless the Seller has exceptionally given a firm delivery date commitment. Items in stock are shipped within three working days following receipt of payment. If the merchandise is not available at the time of ordering, the Seller will employ his best efforts to effect delivery as soon as possible. Delivery times shall be appropriately extended if they cannot be complied with as originally agreed upon due to force majeure, strikes, unforeseeable impediments or other circumstances outside of the Seller's control (e.g. delays in delivery on the part of the manufacturer).

In the event of non-compliance with the delivery times agreed upon for reasons other than those set out above, the Customer shall be entitled to set an appropriate extension accompanied by a notice to refuse acceptance of performance, and, if such extension were to elapse unsuccessfully, to withdraw from the contract. In the event that the inability to deliver should be based on incapacity of the manufacturer or of subsuppliers, both the Seller and the Customer may withdraw from the contract if an agreed upon delivery date has been exceeded by more than two months. The Seller shall inform the Customer forthwith of any delays in delivery and/or performance and, in the event of withdrawal from the contract, immediately reimburse any consideration already paid by the Customer.

§6 Right of Return

Insofar as the Customer is a consumer, in mail order contracts he or she may, within two weeks from receipt, return the goods received without being required to indicate grounds. The right of return shall also apply to merchandise subject to price reductions and goods purchased in connection with special sales events. For reasons of personal hygiene, some articles (e.g. stockings) may only be returned in their original unopened packaging. No right of withdrawal shall apply in addition to the right of return.

The period allowed for a return of the goods shall begin at the earliest upon receipt thereof and of this instruction. Only in connection with goods not capable of package shipment (e.g. bulky goods) and with orders from abroad may returns also be declared by means of a written request for pick-up, e.g. by letter, by fax or by email. The deadline shall be met by timely sending of the goods or of the pick-up request. In all cases returns shall take place at the Seller's expense and peril. However, packages not bearing the correct postage shall not be accepted. The Customer shall advance the shipment costs. Such costs will be refunded upon receipt of the return (usually in the form of a bank transfer) or, alternatively and upon request, credited towards (a) future order(s). Returns shall be accompanied by a copy of the invoice and/or a short letter indicating the Customer, Order and Invoice numbers as well as the Customer's bank details (in the event of credits). Bank details shall include, in the case of German based Customers, the name of the account holder, the account number and the bank routing code; for Customers based abroad, the account holder's and the Bank's name and address, the international account number or IBAN and the international bank code or BIC (sometimes also referred to as SWIFT Code). Returns and/or pick-up requests must be made to the Seller's address:

unless a different address for returns is specified.

The right of return shall not apply to merchandise manufactured according to Customer specifications or clearly tailored to personal requirements, or that is not suitable for return due to its intrinsic nature.

In the event of effective return any payments already received shall be reimbursed and any advantages potentially derived therefrom (e.g. use of funds) shall also be returned. In the event of deterioration of the goods the Seller shall be entitled to request replacement value. The above shall not apply if the deterioration of the goods can be ascribed to mere examination such as it would have been possible for the Customer in a brick-and-mortar shop. Overall, the Customer may avoid value replacement obligations by not placing the merchandise in use as an owner would and by omitting any action that might compromise its value.

§7 Transfer of Risk

The transfer of risk from the Seller to the Customer takes place when the goods are delivered, insofar as the Customer is a consumer. In the event that the Customer is a legal person or special authority under public law or an entrepreneur exercising his or her business or self-employment activity, then the transfer of risk from the Seller to the Customer takes place when the goods are shipped.

§8 Retention of Title, Set-Off and Right of Retention

The goods delivered shall remain the property of the Seller until such time as all contractual requirements are met; and, in the event that the Customer is a legal person or special authority under public law or an entrepreneur exercising his or her business or self-employment activity, then also beyond such time resulting from the current business relationship until such time as all liabilities due to the Seller in connection with the contract are settled. The Customer shall be entitled to set-off only if his or her counterclaims have been granted by the Seller or established in law; and to the exercise of his or her right to retention only if the counterclaim is based on the same contractual relationship.

§9 Guarantee

The Seller guarantees that the goods sold are free of material and manufacturing defects at the time of the transfer of risk. The information provided by the Seller in catalogues, brochures and the website does not constitute a guarantee of quality within the meaning of § 443 BGB [Bürgerliches Gesetzbuch, German Civil Code].

In the event that the goods delivered should be defective, the Customer shall be entitled to the remedy of rectification of defects. Should this prove to be impossible, unsuccessful or unreasonably delayed, the Customer may request a reduction in compensation (abatement) or withdraw from the contract (§ 437 Nos. 1 and 2 BGB). If the Customer is a consumer, pursuant to the prerequisites set out in § 437 No. 3 BGB he or she shall additionally be entitled to compensation for damages and costs.

In the event of timely notification pursuant to §10 the Seller shall be subject to the guarantee obligation only if the Customer returns to the Seller, at the Customer's own expense, the item constituting the subject of the complaint together with a copy of the invoice. In the event of an actual defect the Seller shall reimburse the Customer for all shipping and postage costs incurred.

This guarantee shall not, however, apply to normal wear and tear. The duty of guarantee shall no longer apply if the Customer should have modified the goods supplied. The statute of limitations concerning the goods supplied is two years after the date of delivery of the merchandise.

§10 Reporting Defects, Shipping Damage and Shortages

Customers shall inspect the goods as concerns defects and quality immediately upon receipt. Any defects and/or shipping damage shall immediately be reported to the Seller in writing (including by email). In the event that a Customer should not report to the Seller any obvious defects or missing items within two weeks following delivery of the goods the guarantee obligation shall be excluded. The defining element to determine timeliness is the date on which the report is sent. If the transaction takes place between merchants, the provisions of the HGB [Handelsgesetzbuch, German Commercial Code] (§§ 377 et seq. HGB) shall additionally apply.

The following should be taken into account concerning shipping damage: Externally visible damage to shipments must be immediately reported to the delivery person and acknowledged by the latter in the appropriate manner. This is a standard mandatory part of the shipping companies' service. In the event of damage, defects or content weight shortages that are not externally perceptible and become apparent during unpacking, unpacking must be discontinued forthwith. The shipping company must immediately be made liable for the damage in writing and exhorted to assess the damage; this shall be done at the Post Office immediately on the very day of delivery; at the railway goods or direct processing window, immediately on the very day of delivery; and at road haulage companies and/or forwarders immediately on the very day of delivery, following reception of the goods.

In all cases the goods and their packaging must remain in the condition in which they were found at the time when the damage was ascertained until such time as the facts are assessed by the representative of the transport company.

§11 Liability

The Customer may only claim damages against the Seller that exceed the statutory guarantee claims in the event of intentional or grossly negligent conduct on the part of the latter. This exclusion from liability shall not apply to wrongful violation of cardinal obligations and/or fundamental contractual duties, nor if the damage were normally covered by a third party liability insurance policy.

§12 Data Storage

The Customer is aware of, and consents to the fact that the Seller will store the personal information required for processing the order on data carriers. The Customer hereby explicitly consents to collection, processing and utilisation of his or her personal data. The Seller shall naturally treat any personal information thus stored as being confidential. Collection, processing and use of personal Customer information shall take place subject to the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and to the German Teleservices Data Protection Act (Teledienstdatenschutzgesetz, TDDSG).

The Customer shall be entitled to withdraw his or her consent at any time and effective upon future data uses. In such cases, the Seller is under the obligation immediately to delete the Customer's personal data. For orders in process at the time, the information will be deleted once the order process is completed.

§13 Severability Clause

In the event that one or more provisions of the present GCB should be ineffective, the contract as a whole shall remain unaffected thereby. The ineffective provision shall be replaced by the appropriate legally effective stipulation.