General Terms and Conditions with Customer Information

**Table of Contents**

1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law and Code of Conduct
11. Alternative Dispute Resolution

**1) Scope**

1.1 These General Terms and Conditions (hereinafter “GTC”) of Leonel Valdés, acting under “leonelvaldes.com” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller concerning the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

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

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

**2) Conclusion of the 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 to enable the Customer to make a binding offer.

2.2 The 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 cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that completes the ordering process. The Customer can also submit the offer to the Seller by telephone or e-mail.

2.3 The 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 receipt of the order confirmation by the Customer is decisive, or
– Delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
– Requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry 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 result that the Customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer after sending his order along with these GTC in text form (e.g. e-mail, fax or letter). In addition, the contract text is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected customer account, provided the Customer has created a customer account in the Seller’s online shop before submitting his order.

2.5 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct his entries using the usual keyboard and mouse functions as long as he has not yet clicked the button that completes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact usually take place via 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, 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 even if SPAM filters are used.

**3) Right of Withdrawal**

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.

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 any member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract is outside the European Union.

**4) Prices and Payment Conditions**

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. Value-added tax is shown separately where applicable, unless it is a matter of goods that are subject to differential taxation according to § 25a UStG. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs can also arise with regard to the money transfer 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 prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made using a payment method offered by PayPal, the payment processing is carried out via 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/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the payment method “PayPal Credit” (installment payment via PayPal) is selected, the Seller assigns his payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the payment method “PayPal Credit” in the event of a negative test result. If the payment method “PayPal Credit” is approved by PayPal, the Customer must pay the invoice amount to PayPal under the conditions specified by the Seller, which are communicated to him in the Seller’s online shop. In this case, he can only pay to PayPal with a debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipment, returns, complaints, declarations of withdrawal, and returns or credits, even in the case of assignment of the claim.

4.7 If 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 from the 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. The Seller also reserves the right to conduct a credit check and to reject the payment method “purchase on account” in the event of a negative credit check.

**5) Delivery and Shipping Conditions**

5.1 The delivery of goods takes place via the shipping route to the delivery address specified by the Customer unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction processing. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the Customer with PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service unless the Seller had announced the service a reasonable time in advance. Furthermore, this does not apply concerning the costs for the dispatch if the Customer effectively exercises his right of withdrawal. For the return costs, the regulation in the Seller’s cancellation policy applies if the Customer effectively exercises his right of withdrawal.

5.3 In the case of self-collection, the Seller first informs the Customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the Customer can collect the goods in consultation with the Seller at the Seller’s headquarters. In this case, no shipping costs will be charged.

5.4 Vouchers are provided to the Customer as follows:
– by download
– by e-mail
– by mail

**6) Retention of Title**

If the Seller provides advance performance, he retains ownership of the delivered

goods until full payment of the purchase price owed.

**7) Liability for Defects (Warranty)**

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

7.2 Deviating from this, the following applies to used goods: Claims for defects are excluded if the defect occurs after one year from delivery of the goods. Defects occurring within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the limitation period to one year does not apply:
– for items that have been used for a building following their usual use and have caused its defectiveness,
– for claims for damages and reimbursement of expenses by the Customer, and
– if the Seller has fraudulently concealed the defect.

7.3 The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer does not comply, this has no effect on his statutory or contractual claims for defects.

**8) Redemption of Promotional Vouchers**

8.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific period of validity and that cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

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

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

8.6 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 settle the difference.

8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

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

8.9 The promotional voucher is transferable. The Seller can make payments with discharging effect to the respective holder redeeming 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, legal incapacity, or lack of authorization of the respective holder.

**9) Redemption of Gift Vouchers**

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

9.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the Customer by the expiry date.

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

9.4 Multiple gift vouchers can be redeemed in one order.

9.5 Gift vouchers can only be used for purchasing goods and not for purchasing additional gift vouchers.

9.6 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 settle the difference.

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

9.8 The gift voucher is transferable. The Seller can make payments with discharging effect to the respective holder redeeming the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of authorization of the respective holder.

**10) Applicable Law**

10.1 The law of the Federal Republic of Germany applies to all legal relationships of the parties to the exclusion of the laws on the international purchase 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 his habitual residence.

10.2 Furthermore, this choice of law does not apply concerning the statutory right of withdrawal for consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract is outside the European Union.

**11) Alternative Dispute Resolution**

11.1 The 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 out-of-court settlements of disputes arising from online purchase or service contracts involving a consumer.

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