Table of Contents

1. Scope

2. Conclusion of the Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Conditions

6. Granting of Usage Rights for Digital Content

7. Retention of Title

8. Liability for Defects (Warranty)

9. Liability

10. Applicable Law

11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Christoph Maximilian Huber, acting under “ebility.consulting” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the Seller regarding the goods presented by the Seller in his online store. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the provision of digital content unless otherwise specified. Digital content within the meaning of these GTC refers to data created and provided in digital form.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.

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

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online store do not constitute binding offers from the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit an offer through the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to purchase the goods 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 a written order confirmation or an order confirmation in text form (fax or email) to the Customer, in which case the receipt of the order confirmation by the Customer is decisive,

• delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or

• requesting payment from the Customer after the order is placed.

If several of the aforementioned alternatives apply, the contract is concluded at the moment one of the alternatives occurs first. The period for accepting the offer begins the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the above period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer chooses a payment method offered by PayPal, the payment will be processed via the PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to PayPal’s terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal, the Seller already declares acceptance of the Customer’s offer at the moment the Customer clicks the button to complete the order.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The contract text is not accessible to the Customer beyond this.

2.6 Before submitting the order, the Customer can correct their input at any time using the standard keyboard and mouse functions as part of the electronic ordering process. The Customer can also use the browser’s zoom function to better recognize input errors.

2.7 Various languages are available for the contract. The available language is displayed in the online store.

2.8 The order processing and contact usually occur via email and automated order processing. The Customer must ensure that the email address they provided for order processing is correct, allowing the Seller’s emails to be received. The Customer must also ensure that all emails sent by the Seller or third parties commissioned with the order processing can be delivered, especially if spam filters are used.

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 withdrawal policy.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices listed are total prices that include the statutory value-added tax. Any additional shipping and delivery costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise that the Seller is not responsible for and that must be borne by the Customer, such as bank transfer fees (e.g., for international transfers, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also apply when 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 available payment methods are communicated to the Customer in the Seller’s online store.

4.4 If the Customer selects a PayPal payment method, the payment will be processed via PayPal, which may use third-party payment service providers. If the Seller offers payment methods where they provide a service in advance (e.g., purchase on account or installment payment), the Seller assigns their payment claim to PayPal or the payment service provider designated by PayPal. Before accepting the assignment, PayPal or the designated payment service provider conducts a credit check using the provided Customer data. The Seller reserves the right to refuse the selected payment method in case of a negative credit check result. In case of approval, the Customer must pay the invoice amount within the agreed payment term. Payment can only be made to PayPal or the designated payment service provider. However, the Seller remains responsible for general customer inquiries, such as those regarding goods, delivery times, shipping, returns, complaints, withdrawal declarations, and refunds, even in the case of payment claim assignment.

4.5 For payment methods offered by Stripe, payment is processed via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The specific payment methods offered by Stripe are communicated to the Customer in the Seller’s online store. Stripe may use third-party payment services, for which special payment conditions may apply.

4.6 For purchases on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the Customer must pay the invoice amount within seven (7) days of receiving the invoice without deductions, unless otherwise agreed.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery is made to the delivery address specified by the Customer, unless otherwise agreed. The delivery address provided during the Seller’s order process is decisive.

5.2 If the delivery fails due to reasons attributable to the Customer, the Customer bears the costs incurred by the Seller. This does not apply to the costs of sending the goods if the Customer effectively exercises their right of withdrawal.

5.3 For entrepreneurs, the risk of accidental loss or deterioration of the goods passes to the Customer as soon as the Seller hands over the goods to the carrier. For consumers, the risk passes upon receipt of the goods. However, the risk also passes to the consumer if they commissioned the carrier and the carrier was not named by the Seller.

5.4 The Seller reserves the right to withdraw from the contract in cases of incorrect or improper self-supply, provided that the Seller is not responsible and has made reasonable efforts to procure the goods. The Seller will inform the Customer immediately about the unavailability of the goods and refund any payments made.

5.5 Self-collection is not possible for logistical reasons.

5.6 Digital content will be provided as follows:

• by download.

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated in the Seller’s product description, the Seller grants the Customer a non-exclusive, unlimited right to use the digital content for private purposes.

6.2 The transfer of content to third parties or the creation of copies for third parties is not permitted unless the Seller agrees to the transfer of the license.

6.3 The granting of rights becomes effective only after the Customer has fully paid the agreed fee.

7) Retention of Title

If the Seller provides services in advance, they retain ownership of the goods until full payment has been made.

8) Liability for Defects (Warranty)

The statutory warranty provisions apply, except as follows for contracts involving the delivery of goods:

8.1 If the Customer is an entrepreneur:

• The Seller chooses the method of rectification;

• The limitation period for new goods is one year from delivery;

• Rights and claims for defects are excluded for used goods;

• The limitation period does not start anew if a replacement delivery is made.

8.2 The above liability limitations do not apply to:

• Claims for damages or reimbursement of expenses by the Customer;

• Cases where the Seller has fraudulently concealed a defect;

• Goods that have been used