General Terms and Conditions and Customer Information

Language Priority Notice
This English translation is provided for convenience only. For all legal purposes, the German language
version shall be authoritative and legally binding. In the event of any discrepancy, ambiguity or conflict
between the German version and this English translation, the German version shall prevail.

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded with us as the provider, XYLO-Wolf
GmbH, via the website https://xylo-wolf.shop/, unless otherwise agreed in writing between the parties.
Any deviating or conflicting terms and conditions shall only be effective with our express consent.

(2) We offer our products for purchase only to the extent that you are a natural or legal person, or a
partnership with legal capacity, acting in the exercise of your commercial or independent professional
activity when concluding the legal transaction (“Business Customer”). The conclusion of contracts with
consumers is excluded.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods, including digital content, meaning data
created and provided in digital form. The essential characteristics of the goods can be found in the
respective offer.

(2) By placing the respective product on our website, we submit a binding offer to conclude a contract
via the online shopping cart system under the conditions stated in the respective offer.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart”
via the corresponding button in the navigation bar and make changes there at any time.

After clicking the button “checkout” or “continue to order” or a similar designation, and after entering
your personal data as well as the payment and shipping conditions, the order data will be displayed to
you once again as an order overview.

If you use an instant payment system as the payment method, such as PayPal Express, PayPal Plus,
PayPal Checkout, Amazon Pay, Sofort or giropay, you will either be taken to the order overview page in
our online shop or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you will make the corresponding
selection or enter your data there. Finally, the order data will be displayed to you as an order overview
either on the website of the provider of the instant payment system or after you have been redirected
back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview
once again, to change it, including via the “back” function of your internet browser, or to cancel the
order. By submitting the order using the corresponding button, you declare your legally binding
acceptance of the offer, whereby the contract is concluded.

(4) You may also submit a binding contractual offer, meaning an order, by telephone, email, fax or post.

Acceptance of the offer, and thus conclusion of the contract, takes place immediately in the case of an
order by telephone or, at the latest, within five days by confirmation in text form, for example by email,
in which we confirm the execution of the order or the delivery of the goods to you.

If you have not received such a message within this period, you are no longer bound by your order. Any
services already provided will in this case be refunded without undue delay.

(5) Upon request, we will prepare an individual offer for you, which will be sent to you in text form and
to which we shall be bound for five days, unless a different period is stated in the respective offer. You
accept the offer by confirmation in text form.

(6) The processing of the order and the transmission of all information required in connection with the
conclusion of the contract are carried out by email, partly in automated form. You must therefore
ensure that the email address you have provided to us is correct, that receipt of the emails is technically
ensured and, in particular, that receipt is not prevented by spam filters.

§ 3 Licence of Use for Digital Content

(1) The digital content offered is protected by copyright. For each item of digital content purchased from
us, you receive a licence of use from the respective licensor. The type and scope of the licence of use are
determined by the licence terms stated in the respective offer.

§ 4 Individually Designed Goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of
the goods via the online ordering system or, at the latest, without undue delay after conclusion of the
contract by email. Any specifications we provide regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes third-party rights, in particular
copyrights, name rights or trademark rights, or violates applicable laws. You expressly indemnify us
against all third-party claims asserted in this connection. This also includes the costs of legal
representation required in this connection.

(3) We do not check the transmitted data for the accuracy of its content and, to this extent, assume no
liability for errors.

(4) If stated in the respective offer, we will send you a proof, which you must review without undue
delay. If you agree with the draft, you release the proof for execution by countersignature in text form,
for example by email.

The design work will not be carried out without your approval.

You are responsible for checking the proof for accuracy and completeness and for informing us of any
errors. We assume no liability for errors that have not been objected to.

§ 5 Prices, Payment Terms and Shipping Costs

(1) The prices stated in the respective offers as well as the shipping costs are net prices. They do not
include statutory value added tax.

(2) Any shipping costs incurred are not included in the purchase price and will be charged separately
unless free shipping has been promised. Further details can be found under a correspondingly
designated button on our website or in the respective offer.

No shipping costs are incurred for digital content, meaning data created and provided in digital form.

(3) Any costs incurred for the transfer of money, such as transfer fees or exchange rate fees charged by
credit institutions, shall be borne by you in cases where delivery is made to an EU Member State but
payment was initiated outside the European Union.

(4) The available payment options are stated under a correspondingly designated button on our website
or in the respective offer. Unless a different payment period is specified for the individual payment
methods or on the invoice, payment claims arising from the concluded contract are due for payment
immediately. The deduction of cash discounts is only permitted if expressly stated in the respective
offer or on the invoice.

(5) SEPA Direct Debit

If payment is made by SEPA direct debit, you authorise us, by issuing a corresponding SEPA mandate, to
collect the invoice amount from the specified account.

The direct debit will be collected within one to fourteen days after conclusion of the contract. The period
for transmitting the advance notice, known as the pre-notification, is shortened to five days before the
due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event
of a returned direct debit due to your fault, you must bear the bank fee incurred.

§ 6 Delivery Conditions

(1) The estimated delivery period is stated in the respective offer. Delivery dates and delivery periods are
only binding if they have been confirmed by us in writing. In the case of payment in advance by bank
transfer, the goods will only be dispatched after receipt by us of the full purchase price and the shipping
costs.

(2) If, contrary to expectations, a product ordered by you is not available for reasons for which we are
not responsible, despite the timely conclusion of an adequate covering transaction, we will inform you
of the unavailability without undue delay and, in the event of withdrawal, refund any payments already
made without undue delay.

(3) Shipment is made at your risk. If you so request, shipment will be made with corresponding
transport insurance, whereby the costs arising from this shall be borne by you.

(4) Partial deliveries are permitted and may be invoiced separately by us, provided that this does not
result in additional shipping costs for you.

§ 7 Warranty

(1) The warranty period is one year from delivery of the goods. The shortening of the period does not
apply:

to culpably caused damage attributable to us resulting from injury to life, body or health, or to other
damage caused intentionally or by gross negligence;

insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the
item;

to items that have been used for a building in accordance with their customary use and have caused the
building to be defective;

to statutory rights of recourse that you have against us in connection with defect rights.

(2) Only our own specifications and the manufacturer’s product description shall be deemed agreed as
the quality of the item, but not any other advertising, public promotions or statements by the
manufacturer.

(3) In the event of defects, we shall provide warranty at our discretion by rectification or replacement
delivery. If remedying the defect fails, you may, at your discretion, demand a reduction in price or
withdraw from the contract. Remedying the defect shall be deemed to have failed after the second
unsuccessful attempt, unless something else results in particular from the nature of the item, the
nature of the defect or other circumstances. In the case of rectification, we do not have to bear the
increased costs arising from moving the goods to a place other than the place of performance, unless
such movement corresponds to the intended use of the goods.

§ 8 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same
contractual relationship.

(2) We retain title to the goods until all claims arising from the ongoing business relationship have been
settled in full. Before ownership of the goods subject to retention of title passes, pledging or transfer by
way of security is not permitted.

(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all
claims in the amount of the invoice amount that accrue to you from the resale, and we accept this
assignment. You remain authorised to collect the claim. However, if you do not properly meet your
payment obligations, we reserve the right to collect the claim ourselves.

(4) In the event of combination or mixing of the goods subject to retention of title, we acquire coownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request insofar as the
realisable value of our securities exceeds the claim to be secured by more than 10 percent. We shall be
responsible for selecting the securities to be released.

§ 9 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law shall apply, excluding the UN Convention on Contracts for the International Sale of
Goods.

(2) The place of performance and place of jurisdiction shall be our registered office, provided that you
are a merchant, a legal entity under public law or a special fund under public law. The same applies if
you have no general place of jurisdiction in Germany or the European Union.

II. Customer Information

Identity of the Provider

XYLO-Wolf GmbH
Siemensstr. 4
85521 Ottobrunn
Germany
Telephone: +49 89 748 953-0
Email: officedesign@xylo-wolf.de

Information on the Conclusion of the Contract

The technical steps leading to conclusion of the contract, the conclusion of the contract itself and the
correction options are carried out in accordance with § 2 of our General Terms and Conditions, Part I.

Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order or the request, the
contract data can be printed using the browser’s print function or saved electronically.

The German original of these General Terms and Conditions and Customer Information was prepared
by the lawyers of Händlerbund, who specialise in IT law, and is continuously reviewed for legal
compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes
liability in the event of warning notices. Further information can be found at: https://
www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 29 November 2022