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 terms of payment
5. Delivery and shipping conditions
6. Granting of rights of use for digital content
7. Granting of rights of use for licence keys
8. Retention of title
9. Liability for defects (warranty)
10. Liability
11. Special conditions for assembly/installation services
12. Redeeming promotional vouchers
13. Redeeming gift vouchers
14. Applicable law
15. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) of Adrian Kittner, trading under the name ‘I-BUS App’ (hereinafter referred to as " Seller‘) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as ’Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise specified. In addition to the delivery of the goods, the seller is obliged to provide digital content or digital services (hereinafter referred to as ‘digital products’) which are contained in or connected to the goods in such a way that the goods cannot fulfil their functions without them.

1.3 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.

1.4 These General Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these General Terms and Conditions is data that is created and provided in digital form.

1.5 These General Terms and Conditions apply accordingly to contracts for the provision of licence keys, unless otherwise specified. In this case, the seller is obliged to provide a licence key for the use of the digital content or digital services described by him (hereinafter referred to as ‘digital products’) and to grant the contractually agreed rights to use the respective digital products. The customer does not acquire any intellectual property rights to the digital product. The respective product description of the seller is decisive for the quality of the digital product.

1.6 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.7 An entrepreneur within the meaning of these General Terms and Conditions 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.

2) Conclusion of 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 submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing 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 completes the ordering process. The customer can also submit the offer to the seller by email.

2.3 The seller can accept the customer's offer within five days by:

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer shall commence on the day after the customer sends the offer and shall end 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 result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment will be 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: ‘PayPal’), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/ de/legalhub/paypal/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/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 its acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has submitted their order. The seller will not make the contract text available in any other way. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login details.

2.6 Before placing a binding order via the seller's online order form, the customer can identify any 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 zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are usually carried out by e-mail 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, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

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 policy.

4) Prices and terms of payment

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

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers 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 money 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 advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the ‘PayPal’ payment service is selected, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which it makes advance payments to the customer (e.g. purchase on account or payment by instalments), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and returns, or credit notes.

4.6 If the payment method ‘Sofortüberweisung’ is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter ‘Klarna’). In order to pay the invoice amount via ‘Sofortüberweisung’, the customer must have an online bank account that is activated for participation in ‘Sofortüberweisung’, identify themselves accordingly during the payment process and confirm the payment instruction. The payment transaction will be processed immediately afterwards by Klarna. , identify themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the customer's bank account is debited. The customer can find more detailed information about the ‘Sofortüberweisung’ payment method on the Internet at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the ‘Stripe’ payment service is selected, 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 payment methods offered via Stripe 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, which will be communicated to the customer separately if necessary. Further information about Stripe is available on the Internet at https://stripe.com/en.

4.8 When selecting the payment method ‘PayPal invoice’, the seller assigns its payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method ‘PayPal invoice’ in the event of a negative credit check result. If the ‘PayPal Invoice’ payment method is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, the customer can only make payments to PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and returns or credit notes. In addition, the General Terms and Conditions for the use of PayPal's purchase on account service apply, which can be viewed at https://www.paypal.com/ de/webapps/mpp/ua/pui-terms.

4.9 If the payment method ‘PayPal direct debit’ is selected, PayPal will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the advance notification period. Advance notification (‘pre-notification’) is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or incorrect bank details, or if the customer objects to the debit even though they are not entitled to do so, the customer shall bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this.

4.10 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. 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’). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller 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.

5.2 If 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 to the costs of delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set out in the seller's withdrawal policy shall apply to the costs of return delivery.

5.3  If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer or an authorised recipient upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has given instructions to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment to deliver the goods to a place other than the place of performance. if the customer has commissioned the forwarding agent, the carrier 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 improper delivery to itself. This shall only apply if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded immediately.

5.5 If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.6 Vouchers shall be provided to the customer as follows:

- by download

5.7 Digital content shall be provided to the customer as follows:

- via direct access via the entrepreneur's website - via download - via email

6) Granting of rights of use for digital content

6.1  Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, geographically and temporally unrestricted right to use the content provided for private and commercial purposes.

6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the seller has agreed to the transfer of the contractual licence to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The seller may provisionally permit use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.

7) Granting of rights of use for licence keys

7.1 The licence key provided entitles the customer to use the digital product specified in the seller's product description to the extent described therein.

7.2 Insofar as the licence key refers to the one-time provision of digital content, the granting of rights shall only take effect once the customer has paid the remuneration owed in full.

8) Retention of title

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

9) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

9.1 If the customer is acting as a business,

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

9.2 The above limitations of liability and reductions in time limits shall not apply

• to claims for damages and reimbursement of expenses by the customer;
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

9.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

9.4 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.

9.5 If the customer is acting as a consumer, they are requested to complain to the delivery agent about any goods delivered with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.

10) Liability

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

10.1 The seller shall be liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise specified in this regard,
• on the basis of mandatory liability, such as under the Product Liability Act.

10.2 If the seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.

10.3 Otherwise, any liability on the part of the seller is excluded.

10.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

11) 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 and, if necessary, for the corresponding preparatory measures (e.g. measurements), the following shall apply:

11.1 The seller shall perform its services at its discretion either in person or through qualified personnel selected by it. In doing so, the seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller's service description, the Customer shall not be entitled to select a specific person to perform the desired service.

11.2 The customer shall provide the seller with all information necessary for the performance of the service owed in a complete and truthful manner , provided that the procurement of such information does not fall within the scope of the Seller's obligations under the contract.

11.3 After conclusion of the contract, the seller shall contact the customer to agree on a date for the performance of the service owed. The customer shall ensure that the seller or the personnel commissioned by the seller has access to the customer's relevant facilities on the agreed date.

11.4 The 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.

12) Redeeming promotional vouchers

12.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity 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 during the specified period.

12.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.

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

12.4 Only one promotional voucher can be redeemed per order.

12.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

12.6 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 selected to settle the difference.

12.7 The credit balance of a promotional voucher will not be paid out in cash or bear interest.

12.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

12.9 The promotional voucher is transferable. The seller can make payment 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 respective holder's lack of entitlement, legal incapacity or lack of power of representation.

13) Redeeming gift vouchers

13.1  Vouchers 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 on the voucher.

13.2 Gift vouchers and remaining credit from 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.

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

13.4 Only one gift voucher can be redeemed per order.

13.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

13.6 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 selected to settle the difference.

13.7 The credit balance of a gift voucher will not be paid out in cash or bear interest.

13.8 The 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 respective holder's lack of entitlement, legal incapacity or lack of power of representation.

14) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

15) Alternative dispute resolution

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