TERMS OF SERVICES

SWITZERLAND

1) Scope

1.1 These Terms and Conditions of Easy to Live GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller regarding the goods and/or services presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online store 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 may submit the offer via the online order form integrated in the Seller’s online store. In doing so, after entering his personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.

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 e-mail), in which case the receipt of the order confirmation by the customer is decisive, or

– by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or

– by requesting payment from the customer after the customer’s order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent its order together with these GTC. In addition, the text of the contract will be archived on the Seller’s website and can be retrieved free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller’s online store before submitting his order.

2.6 Prior to the binding submission of the order via the Seller’s online order form, the Customer may continuously correct its entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact shall take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, 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.

3) Prices and terms of payment

3.1 The Seller’s stated prices include the statutory value-added tax and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.

3.2 Various payment options are available to the Customer, which are indicated in the Seller’s online store.

3.3 If payment in advance has been agreed, payment shall be due immediately after conclusion of the contract.

3.4 If the payment method “SOFORT” is selected, the payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in “SOFORT”, must identify himself accordingly during the payment process and must confirm the payment instruction to “SOFORT”. The payment transaction will be executed immediately afterwards by “SOFORT” and the customer’s bank account will be debited. More detailed information on the “SOFORT” payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.

3.5 If the payment method “PayPal” is selected, the payment shall 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, subject to the PayPal Terms of Use, available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer opens a PayPal account or already has such an account.

3.6 Purchase by invoice with partial payment option (POWERPAY)

As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.

When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s<a href=https://www.powerpay.ch/en/agb target=”_blank”>GTC</a>. (powerpay.ch/en/agb).

You will receive the single invoice free of charge by email. With purchase on invoice you accept the <a href=https://www.powerpay.ch/en/agb target=”_blank”>GTC</a> from POWERPAY (powerpay.ch/en/agb), provided you have a valid email address.

3.7 In cooperation with Klarna Bank AB (publ) offer Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options invoice and instant bank transfer. The payment is made to Klarna in each case. For more information and Klarna’s terms of use, click here: https://www.klarna.com/ch/agb/ and here: https://docs.klarna.com/klarna-payments/legal-and-privacy/eu/.

3.8 The controller has integrated components from Novalnet AG on this website. Novalnet AG is a full payment service provider that, among other things, handles payment processing. If the data subject selects a payment method during the ordering process in the online store, data of the data subject are automatically transmitted to Novalnet AG. With the selection of a payment option, the data subject consents to this transmission of personal data for the purpose of processing the payment.

The personal data transmitted to Novalnet are usually first name, last name, address, gender, e-mail address, IP address and, if applicable, date of birth, telephone number, cell phone number and other data necessary for the processing of a payment. For the processing of the purchase contract are also such personal data necessary in connection with the respective order. In particular, there may be a mutual exchange of payment information, such as bank details, card number, validity date and CVC code, data on goods and services, prices.

The purpose of the data transfer is, in particular, identity verification, payment administration and fraud prevention. The controller will transmit personal data to Novalnet AG in particular if there is a legitimate interest for the transmission. The personal data exchanged between Novalnet AG and the controller shall be exchanged between Novalnet AG and the controller will be transmitted by Novalnet AG to credit reporting agencies, if applicable. The purpose of this transmission is to check identity and creditworthiness.

Novalnet AG also discloses the personal data to service providers or subcontractors insofar as this is necessary for the fulfillment of contractual obligations or the data is to be processed.

The data subject has the possibility to revoke the consent to the handling of personal data at any time vis-à-vis Novalnet AG. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing must be transmitted.

In case of payment via the payment methods IP InfinitePay “purchase on account”, “direct debit”, (depending on which payment methods are offered) the purchase price claim is assigned to Financial Management Solutions GmbH (under the brand IP InfinitePay), (hereinafter referred to as “IP InfinitePay”). The data required for the data required for the processing of the payment shall be transmitted to IP InfinitePay. The data transfer serves the purpose that IP InfinitePay can carry out an identity and credit check for the processing of your purchase with the payment method requested by you. The processing is based on Art. 6 para. 1 lit. f DSGVO from the legitimate interest in offering different payment methods and the legitimate interest in protection against payment default. You have the right, for reasons arising from your particular situation, to object at any time to this processing of personal data concerning you based on Art. 6 (1) (f) DSGVO by notifying us.

The privacy policy of IP InfinitePay can be found here: https://www.fms-mainz.de/datenschutzhinweise

Should you wish to receive information about the use of personal data concerning you, you can you can contact us at any time at datenschutz@fms-mainz.de. The provision of data is necessary for the conclusion of a contract with the the type of payment you have requested. Failure to provide the data will mean that the contract will not be concluded with the payment method requested by you.

4) Delivery and shipping conditions

4.1 The delivery of goods is regularly carried out by shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

4.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment.

4.3 As a matter of principle, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer when the goods are dispatched or when they are handed over to the appointed carrier.

4.4 Self-collection is not possible for logistical reasons.

5) Liability for defects

The statutory liability for defects shall apply.

6) Applicable law, place of jurisdiction

6.1 If the customer acts as a consumer, all legal relations between the parties shall be governed by Swiss law, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer’s place of residence.

6.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of residence or business.

GERMANY

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Easy to Live GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.3 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

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 merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client’s offer within five days,

– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or

– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or

– by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client’s offer at the time when the Client clicks on the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.

The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.7 The German and the English language are exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.

4) Prices and Payment Conditions

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

4.2 The payment option(s) will be communicated to the Customer in the Seller’s online store.

4.3 If prepayment by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the payment method “SOFORT” is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in “SOFORT”, must identify himself accordingly during the payment process and must confirm the payment instruction to “SOFORT”. The payment transaction will be executed immediately afterwards by “SOFORT” and the customer’s bank account will be debited. More detailed information on the payment method “SOFORT” can be found by the customer on the Internet at https://www.klarna.com/sofort/.

4.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via 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 perform a credit check and to reject this payment method in case of a negative credit check.

4.6 If a payment method offered via the payment service “mollie” is selected, the payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie will be communicated to the Customer in the Seller’s online store. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on “mollie” is available on the Internet at https://www.mollie.com/de/.

4.7 If a payment method offered via the payment service “Klarna” is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). More detailed information and the terms and conditions of Klarna in this regard can be found in the payment information of the seller, which can be viewed at the following Internet address: https://www.easytoliving.com/payment-and-shipping-information/.

4.8 The controller has integrated components from Novalnet AG on this website. Novalnet AG is a full payment service provider that, among other things, handles payment processing. If the data subject selects a payment method during the ordering process in the online store, data of the data subject are automatically transmitted to Novalnet AG. With the selection of a payment option, the data subject consents to this transmission of personal data for the purpose of processing the payment.

The personal data transmitted to Novalnet are usually first name, last name, address, gender, e-mail address, IP address and, if applicable, date of birth, telephone number, cell phone number and other data necessary for the processing of a payment. For the processing of the purchase contract are also such personal data necessary in connection with the respective order. In particular, there may be a mutual exchange of payment information, such as bank details, card number, validity date and CVC code, data on goods and services, prices.

The purpose of the data transfer is, in particular, identity verification, payment administration and fraud prevention. The controller will transmit personal data to Novalnet AG in particular if there is a legitimate interest for the transmission. The personal data exchanged between Novalnet AG and the controller shall be exchanged between Novalnet AG and the controller will be transmitted by Novalnet AG to credit reporting agencies, if applicable. The purpose of this transmission is to check identity and creditworthiness.

Novalnet AG also discloses the personal data to service providers or subcontractors insofar as this is necessary for the fulfillment of contractual obligations or the data is to be processed.

The data subject has the possibility to revoke the consent to the handling of personal data at any time vis-à-vis Novalnet AG. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing must be transmitted.

In case of payment via the payment methods IP InfinitePay “purchase on account”, “direct debit”, (depending on which payment methods are offered) the purchase price claim is assigned to Financial Management Solutions GmbH (under the brand IP InfinitePay), (hereinafter referred to as “IP InfinitePay”). The data required for the data required for the processing of the payment shall be transmitted to IP InfinitePay. The data transfer serves the purpose that IP InfinitePay can carry out an identity and credit check for the processing of your purchase with the payment method requested by you. The processing is based on Art. 6 para. 1 lit. f DSGVO from the legitimate interest in offering different payment methods and the legitimate interest in protection against payment default. You have the right, for reasons arising from your particular situation, to object at any time to this processing of personal data concerning you based on Art. 6 (1) (f) DSGVO by notifying us.

The privacy policy of IP InfinitePay can be found here: https://www.fms-mainz.de/datenschutzhinweise

Should you wish to receive information about the use of personal data concerning you, you can you can contact us at any time at datenschutz@fms-mainz.de. The provision of data is necessary for the conclusion of a contract with the the type of payment you have requested. Failure to provide the data will mean that the contract will not be concluded with the payment method requested by you.

5) Shipment and Delivery 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 Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller’s place of business. In this case shipment costs will not be charged.

5.4 Licence keys will be provided to the Client as follows:

– by e-mail

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.

6) Reservation of Proprietary Rights

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

7) Warranty

7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

7.2 If the Client acts as trader

– the Seller may choose the type of subsequent performance,

– for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,

– for used goods, the rights and claims for defects are excluded,

– the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 If the Client acts as a consumer, the following applies to contracts for the delivery of used goods subject to the restriction of the following clause: The limitation period for claims for defects is one year from the delivery of the goods if this was expressly and separately contractually agreed between the parties and it the Client was specifically informed of the shortening of the limitation period before submitting his contractual declaration.

7.4 The above-mentioned limitations of liability and shortening of the period of limitation do not apply

– to claims for damages and reimbursement of expenses of the Client,

– if the Seller has fraudulently concealed the defect,

– for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,

– for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

7.5 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Applicable Law

The law of the Swiss Confederation shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

9) Alternative dispute resolution

9.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

9.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

 

 

AUSTRIA

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Easy to Live GmbH (hereinafter “Seller”) shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods and/or services presented by the Seller in its online store. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online store 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 may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button “order with costs” which concludes the ordering process.

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 e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or

– by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or

– by requesting payment from the customer after the customer’s order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment shall 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, available at https://www.paypal.com/de/webapps/mpp/ua/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/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent its order together with these GTC. In addition, the text of the contract will be archived on the Seller’s website and can be accessed by the Customer free of charge via its password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller’s online store before submitting its order.

2.6 Before bindingly placing the order via the Seller’s online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 Both German and English are available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, 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.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

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

4) Prices and terms of payment

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

4.2 Various payment options are available to the Customer, which are indicated in the Seller’s online store right at the beginning of the order process.

4.3 If the payment method “SOFORT” is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in “SOFORT”, must identify himself accordingly during the payment process and must confirm the payment instruction to “SOFORT”. The payment transaction will be executed immediately afterwards by “SOFORT” and the customer’s bank account will be debited. More detailed information on the payment method “SOFORT” can be found by the customer on the Internet at https://www.klarna.com/sofort/.

4.4 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via 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 perform a credit check and to reject this payment method in case of a negative credit check.

4.5 If you choose the payment method Klarna Invoice Purchase or the payment method Klarna Installment Purchase, the payment will be processed by Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: “Klarna”). More detailed information on Klarna invoice and installment purchase as well as Klarna’s terms and conditions for this can be found in the Seller’s payment information, which can be viewed at the following Internet address:
https://www.easytoliving.com/payment-and-shipping-information/

4.6 The controller has integrated components from Novalnet AG on this website. Novalnet AG is a full payment service provider that, among other things, handles payment processing. If the data subject selects a payment method during the ordering process in the online store, data of the data subject are automatically transmitted to Novalnet AG. With the selection of a payment option, the data subject consents to this transmission of personal data for the purpose of processing the payment.

The personal data transmitted to Novalnet are usually first name, last name, address, gender, e-mail address, IP address and, if applicable, date of birth, telephone number, cell phone number and other data necessary for the processing of a payment. For the processing of the purchase contract are also such personal data necessary in connection with the respective order. In particular, there may be a mutual exchange of payment information, such as bank details, card number, validity date and CVC code, data on goods and services, prices.

The purpose of the data transfer is, in particular, identity verification, payment administration and fraud prevention. The controller will transmit personal data to Novalnet AG in particular if there is a legitimate interest for the transmission. The personal data exchanged between Novalnet AG and the controller shall be exchanged between Novalnet AG and the controller will be transmitted by Novalnet AG to credit reporting agencies, if applicable. The purpose of this transmission is to check identity and creditworthiness.

Novalnet AG also discloses the personal data to service providers or subcontractors insofar as this is necessary for the fulfillment of contractual obligations or the data is to be processed.

The data subject has the possibility to revoke the consent to the handling of personal data at any time vis-à-vis Novalnet AG. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing must be transmitted.

In case of payment via the payment methods IP InfinitePay “purchase on account”, “direct debit”, (depending on which payment methods are offered) the purchase price claim is assigned to Financial Management Solutions GmbH (under the brand IP InfinitePay), (hereinafter referred to as “IP InfinitePay”). The data required for the data required for the processing of the payment shall be transmitted to IP InfinitePay. The data transfer serves the purpose that IP InfinitePay can carry out an identity and credit check for the processing of your purchase with the payment method requested by you. The processing is based on Art. 6 para. 1 lit. f DSGVO from the legitimate interest in offering different payment methods and the legitimate interest in protection against payment default. You have the right, for reasons arising from your particular situation, to object at any time to this processing of personal data concerning you based on Art. 6 (1) (f) DSGVO by notifying us.

The privacy policy of IP InfinitePay can be found here: https://www.fms-mainz.de/datenschutzhinweise

Should you wish to receive information about the use of personal data concerning you, you can you can contact us at any time at datenschutz@fms-mainz.de. The provision of data is necessary for the conclusion of a contract with the the type of payment you have requested. Failure to provide the data will mean that the contract will not be concluded with the payment method requested by you.

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear 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 the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the provision made in this regard in the seller’s cancellation policy shall apply.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of title

If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. In deviation from this, the following shall apply to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

– the seller has the choice of the type of subsequent performance;

– the limitation period for defects in new goods is one year from delivery of the goods;

– the rights and claims due to defects are excluded for used goods;

– the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of time periods shall not apply to

– for claims for damages and reimbursement of expenses of 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 customary use 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 supply of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

7.5 If the Customer is acting as a consumer, he 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 with this, this shall have no effect on his statutory or contractual claims for defects.

8) Applicable law

8.1 If the Customer acts as an entrepreneur within the meaning of Section 1.2, the law of the country in which the Seller has its registered office shall apply to all legal relationships between the parties, to the exclusion of the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office.

8.2 If the Customer is acting as a consumer within the meaning of Section 1.2, the law of the country in which the Customer has its habitual residence shall apply to all legal relationships between the Parties, to the exclusion of the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this Agreement shall be the Customer’s place of residence.

9) Alternative dispute resolution

9.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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