General Terms and Conditions with Customer Information

This is a translation for your convenience. In case of doubt, the German version applies.

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Granting of rights of use for digital content
7. Retention of title
8. Liability for defects (warranty)
9. Special conditions for processing goods according to the customer's specifications
10. Redemption of promotional vouchers
11. Redemption of gift vouchers
12. Applicable law
13. Place of jurisdiction
14. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Asianbows Archeryshop (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and 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 GTC apply accordingly to contracts for the delivery of vouchers unless otherwise expressly provided.

1.3 These GTC apply accordingly to contracts for the provision of digital content unless otherwise expressly provided. Digital content within the meaning of these GTC is data that is produced and supplied in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

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

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that completes the ordering process. The Customer can also submit the offer to the Seller by email, fax, online contact form, post 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 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 the Customer to pay after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting 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. 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 its declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is 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 User Agreement, 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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time 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 conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending the order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better 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 the button that completes the ordering process.

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

2.8 Order processing and contact usually take place by email 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 by third parties commissioned by the Seller with order processing 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 cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices given are total prices including statutory VAT. Any additional delivery and shipping costs are 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 are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also be incurred 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 payment in advance 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 payment service "PayPal" is selected, payment is processed via PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes an advance performance to the Customer (e.g. purchase on account or payment in instalments), the Seller 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 carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected (e.g. credit card, Apple Pay, Google Pay or other local payment methods), payment is processed via the payment service provider Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be referred separately. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-de.

4.7 If a "Klarna" payment method is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). For payment methods in which Klarna makes an advance performance to the Customer (e.g. purchase on account or payment in instalments), Klarna carries out a credit check in advance and may refuse the payment method in the event of a negative result. In this case, the Customer can only pay to Klarna with debt-discharging effect. Klarna's terms and conditions, available at https://www.klarna.com/de/agb/, also apply. The Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.

5) Delivery and shipping terms

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 specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for processing the transaction. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

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 with regard to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provision made in the Seller's cancellation policy applies to the return costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment if the Customer commissions the forwarding agent, carrier or person or institution otherwise 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 self-supply. This only applies if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without delay and the consideration refunded without delay.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs are charged.

5.6 Vouchers are provided to the Customer as follows:

• by download
• by email

5.7 Digital content is provided to the Customer as follows:

• by download
• by 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 right, unlimited in terms of place and time, to use the provided content for private and commercial purposes.

6.2 Passing the content on to third parties or making copies for third parties outside the scope of these GTC is not permitted unless the Seller has consented to a 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 only becomes effective once the Customer has paid the remuneration owed in full. The Seller may provisionally permit use of the contractual content before this time. Such provisional permission does not result in a transfer of rights.

7) Retention of title

If the Seller makes an advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 Unless otherwise stipulated below, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

8.2 If the Customer acts as an entrepreneur,

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

8.3 The above limitations of liability and shortening of periods do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• to 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.

8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

8.6 If the Customer acts as a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller accordingly. If the Customer does not do so, this has no effect on their statutory or contractual claims for defects.

9) Special conditions for processing goods according to the customer's specifications

9.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use. The Customer alone is responsible for procuring and acquiring the rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights and personal rights.

9.2 The Customer shall indemnify the Seller against claims by third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. The Customer shall also bear the necessary costs of legal defence, including all court and lawyer's fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for examining the claims and for a defence.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular 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 promotional campaigns with a specific period of validity and which 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 a corresponding restriction results from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before completion of the ordering 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 be at least equal to 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 not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

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

10.8 The promotional voucher will not be refunded if the Customer returns goods paid for in full 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 may 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 holder's lack of entitlement, legal incapacity or lack of authority to represent.

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 on the voucher.

11.2 Gift vouchers and remaining credit on 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.

11.3 Gift vouchers can only be redeemed before completion of the ordering 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 further gift vouchers.

11.6 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.

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

11.8 The gift voucher is transferable. The Seller may 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 holder's lack of entitlement, legal incapacity or lack of authority to represent.

12) Applicable law

12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies 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.

12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

13) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any case entitled to call upon the court at the Customer's registered office.

14) Alternative dispute resolution

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