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 Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Customer Specifications
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Golf Versand Hannover GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller concerning the goods displayed in the Seller's online shop. Any conflicting terms and conditions of the Customer are hereby rejected unless otherwise agreed.

1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer as defined by these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 An entrepreneur as defined by these GTC is a natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. By clicking the button concluding the order process after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart. The Customer may also submit the offer to the Seller via email, fax, online contact form, postal service, or telephone.

2.3 The Seller may 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 email), whereby the receipt of the order confirmation by the Customer is decisive, or
• Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• Requesting payment from the Customer after placing the order.

Should several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, 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 PayPal's 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 - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selected during the online order process, the Seller declares acceptance of the Customer's offer at the time when the Customer clicks the button concluding the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. Further provision of the contract text by the Seller does not occur. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the relevant login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize 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 their entries using the usual keyboard and mouse functions until they click the button concluding the order process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the Seller's online shop.

2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that the emails sent by the Seller can be received at this address. In particular, the Customer must ensure that SPAM filters are set up in such a way that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

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3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that 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 arise in relation to money transfers if the delivery is not to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment options are communicated to the Customer in the Seller's online shop.

4.4 When selecting the payment method "SOFORT," payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the Customer must have an online banking account activated for participation in "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is executed immediately afterward by "SOFORT," and the Customer's bank account is charged. Further information on the payment method "SOFORT" can be found online at https://www.klarna.com/sofort/.

4.5 When selecting a payment method offered via the payment service provider "Stripe," payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. Stripe may use other payment services for the transaction, for which specific payment conditions may apply and to which the Customer may be separately referred. Further information about Stripe can be found online at https://stripe.com/de.

4.6 For the payment method "purchase on account," the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receiving 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 the payment information in the online shop. Furthermore, the Seller reserves the right to conduct a credit check when selecting the payment method "purchase on account" and to reject this payment method in the case of a negative credit check.

4.7 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method in the case of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided 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 the Customer is responsible for, the Customer must bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the provisions in the Seller's cancellation policy apply when the right of withdrawal is exercised effectively by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a recipient authorized to receive the goods upon delivery. However, if the Customer commissions the forwarder, carrier, or other person or institution designated to carry out the shipment and the Seller has not named this person or institution to the Customer beforehand, the risk passes to the Customer upon handing over the item to the forwarder, carrier, or other person or institution.

5.4 The Seller reserves the right to withdraw from the contract in cases of incorrect or improper self-delivery. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In cases of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 If the Seller offers goods for collection, the Customer can pick up the ordered goods within the business hours specified by the Seller at the address provided by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the Customer as follows:

- via email

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6) Retention of Title

If the Seller provides advance performance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

• The Seller has the choice of the type of supplementary performance;
• The limitation period for defects in new goods is one year from delivery of the goods;
• Rights and claims due to defects in used goods are excluded;
• The limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of time limits do not apply:

• For claims for damages and reimbursement of expenses by the Customer,
• If the Seller has fraudulently concealed the defect,
• For goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
• For any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 For entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant pursuant to § 1 HGB, they are subject to the commercial duty to examine and notify defects under § 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and inform the Seller of this. If the Customer does not comply, this has no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

8.1 The Seller is liable without limitation on any legal grounds:

• In case of intent or gross negligence,
• In the case of intentional or negligent injury to life, body, or health,
• Due to a guarantee, unless otherwise regulated,
• Due to mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, the liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to the preceding section. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

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

9) Special Conditions for the Processing of Goods According to Customer Specifications

9.1 If the Seller owes processing of goods according to the Customer's specifications in addition to the delivery of goods, the Customer must provide the Seller with all content required for processing, such as texts, images, or graphics, in the file formats, formats, image, and file sizes specified by the Seller, and grant the Seller the necessary usage rights. The Customer is solely responsible for procuring and acquiring rights to these contents. The Customer declares and assumes responsibility for having the right to use the contents provided to the Seller. In particular, the Customer must ensure that no third-party rights are infringed, especially copyrights, trademark rights, or personal rights.

9.2 The Customer indemnifies the Seller against claims by third parties asserted against the Seller in connection with the use of the Customer's content in accordance with the contract. The Customer also assumes the necessary costs of legal defense, including all court and attorney's fees at the statutory rate. This does not apply if the Customer is not responsible for the legal infringement. The Customer is obligated to provide the Seller with all information promptly, truthfully, and completely that is necessary for the examination of claims and a defense in the event of a third-party claim.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or official prohibitions or is contrary to public decency. This particularly applies to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period 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.

10.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the Promotional Voucher.

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

10.4 Only one Promotional Voucher can be redeemed per order.

10.5 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

10.6 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 used to settle the difference.

10.7 The balance of a Promotional Voucher will not be paid out in cash or bear interest.

10.8 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 their statutory right of withdrawal.

10.9 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 unawareness of the holder's ineligibility, lack of legal capacity, or lack of authorization to represent.

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11) Redemption of Gift Vouchers

11.1 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.

11.2 Gift Vouchers and any remaining balance of Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

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

11.4 Only one Gift Voucher can be redeemed per order.

11.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

11.6 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 used to settle the difference.

11.7 The balance of a Gift Voucher will not be paid out in cash or bear interest.

11.8 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 unawareness of the holder's ineligibility, lack of legal capacity, or lack of authorization to represent.

12) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13) Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer's place of business is outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive jurisdiction for all disputes arising from this contract, provided the contract or claims from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, the Seller is, however, also entitled to appeal to the court at the Customer's place of business.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of entry for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

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