GENERAL T&C & DECLARATION OF WITHDRAWAL

§ 1 SCOPE, DEFINITIONS

1.1 These General Terms and Conditions (hereinafter “GTC”) of ADADA GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or business (hereinafter “Customer”) and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby rejected unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided.

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 outside their trade, business or profession.

1.4 A business within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or profession.

§ 2 CONCLUSION OF CONTRACT

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

2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing 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.

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; by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or by requesting payment from the Customer after the order has been placed. If several of these alternatives apply, the contract is concluded at the time the first of them occurs. The acceptance period 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 offer within this period, it is deemed rejected and the Customer is no longer bound by their declaration.

2.4 If a payment method offered by PayPal is selected, payment is 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 “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 PayPal payment method selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the ordering process.

2.5 The contract text 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 submitted. The Seller does not make the contract text accessible beyond this.

2.6 Before submitting the order, the Customer can identify input errors by carefully reading the information displayed on screen. The browser's zoom function can help to identify input errors. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button completing the ordering process.

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

2.8 Order processing and communication 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. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with order processing can be delivered.

§ 3 RIGHT OF WITHDRAWAL & WITHDRAWAL FORM

Consumers have a right of withdrawal in accordance with the following provisions:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party other than the carrier and indicated by you, take possession of the last goods.

To exercise the right of withdrawal, you must inform us (ADADA GmbH, c/o RTS, Schlüterstraße 51, 10629 Berlin, Germany, phone: +49 176 23679354, email: info@adada.fr) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal online at https://adadastore.com/pages/widerruf-formular (link “Withdraw from contract” in the footer of our website). If you use this online function, we will send you without undue delay, on a durable medium (e.g. by email), an acknowledgement of receipt containing the content of your withdrawal statement and the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to SkF e.V. Berlin – Delphin-Werkstätten / Adada, Pankstraße 8–10, Haus E, 2nd floor, 13127 Berlin, Germany, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To ADADA GmbH, c/o RTS, Schlüterstraße 51, 10629 Berlin, Germany, email: info@adada.fr:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date

(*) Delete as appropriate.

§ 4 PRICES AND PAYMENT TERMS

4.1 Unless otherwise stated in the Seller's product description, the prices quoted 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 arise in individual cases for which the Seller is not responsible and which are borne by the Customer, e.g. costs for money transfers by credit institutions (transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such money-transfer costs may also arise if delivery is made within the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The following payment methods are available: credit and debit card (Visa, Mastercard, Maestro, American Express, UnionPay), PayPal, Klarna, Apple Pay, Google Pay and Shop Pay, and, depending on the delivery country, EPS, iDEAL | Wero, Bizum and MobilePay. The payment methods available in each case are shown during the ordering process.

4.4 If a Klarna payment method is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Klarna's terms apply in addition.

4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are shown to the Customer in the Seller's online shop. Stripe may use other payment services for processing payments, for which special payment terms may apply, of which the Customer will be informed separately if applicable. Further information on “Shopify Payments” is available at https://www.shopify.com/legal/terms-payments-de.

§ 5 DELIVERY AND SHIPPING TERMS

5.1 If the Seller offers shipping, 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 stated in the Seller's order processing is decisive.

5.2 If delivery 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 to the cost of outbound shipping if the Customer effectively exercises their right of withdrawal. For return costs in the event of an effective withdrawal, the provisions of the Seller's withdrawal policy apply.

5.3 If the Customer acts as a business, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has handed the goods over to the forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, this risk generally passes only upon handover of the goods to the Customer or a person authorised to receive them. By way of derogation, the risk passes to consumers upon handover to the carrier if the Customer commissioned the forwarder, carrier or other person or institution designated to carry out the shipment and the Seller had 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 applies only if the non-delivery is not the Seller's fault and the Seller has concluded a specific covering 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 any consideration refunded without delay.

5.5 Collection is not possible for logistical reasons.

5.6 The stated shipping does not apply to order quantities requiring delivery by freight forwarder. If freight delivery is required, the Seller will inform the Customer after receipt of the order and state the freight costs. The Seller will only send the order confirmation once the Customer has agreed.

5.7 Goods are shipped with DHL. For deliveries abroad, the parcel may be delivered by DHL or a local delivery partner after handover in the destination country. Delivery time is 1–4 working days within Germany and 4–10 working days to other EU countries.

§ 6 RETENTION OF TITLE

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

§ 7 LIABILITY FOR DEFECTS (WARRANTY)

(1) If the purchased item is defective, the statutory provisions on liability for defects apply.

(2) By way of derogation, the following applies to used goods: claims for defects are excluded if the defect only appears more than one year after delivery of the goods. Defects that appear within one year of delivery may be asserted within the statutory limitation period. The reduction of the liability period to one year does not apply

- to items that have been used for a building in accordance with their customary use and have caused its defectiveness,
- to the Customer's claims for damages and reimbursement of expenses, and
- where the Seller has fraudulently concealed the defect.

(3) If the Customer acts as a consumer, they are asked to report delivered goods with obvious transport damage to the delivery company and to inform the Seller. Failure to do so has no effect on their statutory or contractual claims for defects.

§ 8 SPECIAL CONDITIONS FOR PROCESSING GOODS ACCORDING TO THE CUSTOMER'S SPECIFICATIONS

(1) If, according to the contract, the Seller owes not only the delivery of goods but also their processing according to the Customer's specifications, the Customer shall 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 is solely responsible for obtaining this content and the rights to it. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller, and in particular ensures that no third-party rights are infringed, especially copyrights, trademark rights and personality rights.

(2) The Customer shall indemnify the Seller against claims by third parties arising from an infringement of their rights through the contractual use of the Customer's content by the Seller. The Customer shall also bear the reasonable costs of necessary legal defence, including all court and legal fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a third-party claim, the Customer must provide the Seller without delay, truthfully and completely, with all information required to examine the claims and to defend against them.

(3) The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or official prohibitions or public morality, in particular content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

§ 9 REDEMPTION OF GIFT VOUCHERS

9.1 Vouchers that can be purchased in the Seller's online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller's online shop unless otherwise stated on the voucher.

9.2 Gift vouchers and remaining balances can be redeemed until the end of the third year after the year of purchase. Remaining balances are credited to the Customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, the difference can be paid with one of the other payment methods offered by the Seller.

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

9.8 The gift voucher is transferable. The Seller may perform 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.

9.9 Discount promotions and special offers cannot be combined.

§ 10 APPLICABLE LAW

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which they have their habitual residence.

§ 11 PLACE OF JURISDICTION

If the Customer is 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 it can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is always entitled to bring an action at the court of the Customer's registered office.

§ 12 CONSUMER DISPUTE RESOLUTION

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