General Terms and Conditions of Ars Vivendi AG, Engen-Welschingen, Germany

Section 1: Scope

All services provided to the customer shall take place exclusively on the basis of the following General Terms and Conditions. Any terms that conflict or deviate from our General Terms and Conditions are not recognized unless their validity has been expressly agreed to in writing.

Section 2: Contractual agreement

1. The offerings in our online shop represent a non-binding request to the customer to place an order.
2. The following ordering procedure takes place from when the desired merchandise is selected in our online shop to when the contractual agreement takes effect: The first step, "Registration," involves the registration of new customers who have not previously registered. In the second step, "Shipping," the delivery and invoicing addresses are verified or entered, and the desired form of payment is selected. In the third step, "Payment," information regarding the selected payment type is entered. In the fourth step, "Verification," the customer receives the opportunity to review all entered information, such as name, address, payment type and items ordered, and to make changes if necessary. In the final step, the "Submit order" button is clicked.
3. By clicking on the "Submit order" button, the client submits a binding offer to us. We then immediately confirm receipt of the order by e-mail to the address provided by the customer. The order receipt confirmation does not represent a binding acceptance of the order.
4. We may accept the contractual offer associated with the order within three business days of its receipt. The purchase agreement entered into is effective at the time we accept the order by sending an order confirmation via e-mail or by shipping the merchandise.
5. The contractual agreement is subject to the adequate and timely availability of merchandise delivered to us by our suppliers. This applies only in the event that an equivalent order has been placed with our suppliers and non-delivery is beyond our control. In case of non-availability of the delivery item, we shall inform the customer immediately and in the case of cancellation of the order, we shall reimburse the customer for any payments already received.
6. The wording of the contractual agreement is saved by us upon its entry into effect and can be provided to the customer upon request.

Section 3: Cancellation policy

Our customer cancellation policy is as follows:

1. Right of cancellation:
The customer may cancel the contractual agreement in writing (such as by letter, fax or e-mail) or by returning the item within two weeks, without giving reasons. This period begins upon receipt of this policy in writing, but not before delivery of the merchandise to the recipient and not before fulfillment of our duty to inform as per Section 246 Paragraph 2 of the German Civil Code (BGB), in connection with 1 Paragraphs Section 1 and 2 EGBGB of the ordinance regarding the duty to inform and produce proof in accordance with German Civil Law (BGB-InfoV “Verordnung über Informations- und Nachweispflichten nach bürgerlichem Recht”, ordinance regarding the duty to inform and produce proof in accordance with German civil law), as well as our obligations in accordance with Section 312e Paragraph 1 Sentence 1 of the BGB in connection with 246 Paragraph Section 3 EGBGB. Cancellation requests or returned merchandise must be postmarked by the cancellation deadline.
Please direct cancellation requests to:

ARS VIVENDI AG
Friedrich List-Str. 9a
Gewerbepark Welschingen Haus 4
78234 Engen
Germany
Fax: +49 (0)7733/5053-11
E-mail: Zentrale@Ars-Vivendi.de

2. Results of cancellation:
In the event of a valid cancellation, any payments or products received by either party, including any received benefits (such as interest) are to be returned. If the customer cannot return the received product in its completely or partially, or if it is returned in unpoor deteriorated statecondition, he/she must compensate us for the replacement value of the product. In the case of returned goods, this shall not apply if the item’s deterioration is attributable only to its trial use, as may occur in a retail shop, for example. The customer may avoid the obligation to compensate us for the replacement value due to deterioration of the merchandise as a result of its authorized used by not using the item as his/her property and refraining from any activities that could impair its value. When trying on clothing, the customer is requested to wear a garment underneath. Items deliverable in parcels are to be returned to us at our risk. The customer shall be responsible for the costs of return delivery if the delivered merchandise matches the order and the price of the returned goods does not exceed EUR 40 or, in the case of higher-priced goods, if the customer has not yet made payment in full or a contractually agreed-upon partial payment exists at the time of cancellation. In other cases, return delivery shall be free of charge for the customer. Items not deliverable by parcel shall be picked up at the customer’s location. Obligations for reimbursement of payments must be met within 30 days. For the customer, this period begins as of the postmark date of the cancellation request or merchandise. For us, it begins at the time of receipt of these items.
Please note: The right of cancellation does not apply to stocking orders if the stockings have been removed from their packaging and unfolded, or to videos/DVDs if the package seal has been broken, or to magazines.
- End of the cancellation policy -

Section 4: Payment and shipping fees

1. All given prices include government sales tax plus flat shipping fees.
The customer may choose from the following forms of payment:

• Cash on delivery (COD): the Postal Service will charge a conveyance fee of €2.00, to be paid directly by the customer to the Postal Service.
• Bank draft: delivery shall take place only after credit has been verified and a completed and confirmed bank transaction has taken place
• Advance payment transfer,
• Immediate payment transfer: payment takes place via the Payment Network AG system (www.sofortüberweisung.de),
• Cash or check in advance (via registered mail),
• PayPal: payment takes place via the PayPal system (www.paypal.de),
• Credit cards: we accept Eurocard, Visa and Amex. Our customers are asked to provide the account holder’s name, credit card number, credit card verification code as well as the expiration date of their credit card.

2. For deliveries outside of Germany, we accept payment by credit card, PayPal, advance payment transfer or cash only. We reserve the right to deny individual forms of payment.
3. Flat shipping fees (delivery and packaging) are charged depending on the form of payment:

• COD:€7.00 (plus an additional €2.00 conveyance fee, to be paid directly by the customer to the Postal Service),
• Immediate transfer/bank draft/advance check: €5.00
• Credit cards/PayPal/advance transfer/cash: €5.00 for deliveries within Germany, Switzerland and Austria, €10.00 for all other foreign deliveries.
  Shipping shall be free of charge for orders above €50.00. However, this does not apply to payment by COD.

4. For payment by advance transfer, we ask our customers to transfer the entire amount to the following account:

ARS VIVENDI AG
Account No.: 7014517, Sparkasse Reichenau, Routing No. (Sort Code): 690 514 10
IBAN: DE1669051410 0007 0145 17
BIC: SOLADES1REN

5. The customer is entitled to rights of offset only if his/her counterclaims are legally established, uncontested or acknowledged by us. Otherwise the customer may exercise the right of retention only insofar as his/her counterclaim is based on the same contractual relationship.

Section 5: Shipping and delivery times

1. All items will be shipped immediately if in stock.
2. Delivery within Germany, Switzerland and Austria takes 3 to 7 days, unless otherwise stated in the item description. Deliveries of stockings only may arrive with the customer as early as the following day. For payment by bank draft, delivery takes an additional two days while we await confirmation of the transaction from the bank.
3. Deliveries to other foreign countries may take longer.
4. If an item must first be procured in the US or Canada, delivery will take approximately 4 weeks. The customer will be informed of this in our order confirmation.
5. Should an item be temporarily unavailable, we shall inform the customer immediately by e-mail regarding the expected delivery time. In this case, the customer may choose to wait for the ordered merchandise or cancel the order and receive an immediate refund for any payments made.

Section 6: Transfer of risk

1. The risk of accidental demise and accidental deterioration of purchased goods is transferred to the customer upon the handover of goods.
2. Goods shall be considered handed over regardless of delays on the part of the customer in accepting the goods.

Section 7: Guarantee

1. Obvious defects must be reported to us in writing by the customer within two weeks. Defects are to be described in as much detail as possible. The period begins upon handover of the goods. The defect notification must be postmarked by the deadline. Non-obvious defects are to be reported within the legal guarantee period.
2. Our customers may choose to have their order refilled through a correction or replacement delivery. We are entitled to refuse the selected method of refilling the order if disproportionate costs would be incurred and the alternate method of refilling the order would result in no significant disadvantages for the consumer.
3. If the order cannot be refilled, the customer may request either a reduction in price or cancellation of the contract. However, in the case of only minor defects, the customer shall not be entitled to cancellation.
4. We are not liable for defects that occur as a result of improper handling, normal use or through external influences. If the customer or a third party conducts changes or repairs on the items purchased, all guarantee claims shall be relinquished.
5. The customer shall receive no product warranties from us. Manufacturer warranties remain hereby unaffected.
6. The guarantee period shall be two years from the time the item is shipped.

Section 8: Liability

1. In cases of intent and gross negligence, we shall be liable in accordance with the law. In cases of minor negligence, we shall be liable only in accordance with the rules of the Product Liability Act (Produkthaftungsgesetz) for damage to life, body or health or for breach of material contract obligations. Damage claims for minor, negligent breach of material contract obligations are, however, limited to foreseeable damages inherent to this type of contract, unless a liability exists as per the regulations of the Product Liability Act or due to damage of life, body or health.
2. Further liability for damage compensation does not exist. The rules of the above paragraph apply to all damage compensation claims regardless of legal grounds, including damage compensation in addition to payment, damage compensation in place of payment as well as damage claims due to futile expenditures, particularly for defects, breach of debt obligations, default of payment, impossibility or due to unauthorized use.
3. Should we be excluded from liability for damages or should said liability be limited in nature, this shall also apply to the personal damage liability of our staff, employees, co-workers, representatives and agents.
4. The customer shall release us from all disadvantages that we may incur through third parties as a result of damaging actions by the customer, whether intentional or negligent.

Section 9: Data Protection

1. The observation of data protection laws for the protection of customer information is of primary importance to us. We therefore collect personal information only insofar as it is technically necessary for the use of our website or if voluntarily provided by our customers for contract fulfillment purposes or for delivery of our newsletter.
2. If a customer visits our website without registering, we record only non-personal information required for transmitting the web pages accessed via the customer’s computer. This includes information regarding the name and URL of accessed files, the server port used, referrer URL, date and time of the request, browser type and browser version, transmitted data volume and successful access notifications. This information is recorded exclusively for internal system-related and statistical purposes. The information is not associated with specific persons nor combined with other sources of data. In no case is the information provided to third parties. The IP address assigned to the customer’s computer is not saved.
3. If the customer wishes to register, for example, for ordering merchandise, information required for substantiating and fulfilling a contractual relationship must be entered. This includes first and last name, address, e-mail address, telephone number, date of birth, login name and, if selected as a form of payment, bank account information. In addition to these required entries, additional address information, country, fax and mobile phone numbers may also be entered. The information is provided only to companies that assist us in fulfilling our contractual obligations and only insofar as absolutely necessary for order delivery or billing purposes in accordance with the selected payment type. Otherwise, no information whatsoever is provided to third parties. By entering his/her information and clicking the "Continue order" button, the customer authorizes the permanent storage of the information. This authorization may be revoked at any time effective thereafter. The customer is advised of his/her authorization prior to entering the information as follows:
"By entering my information and clicking the "Continue order" button, I authorize the permanent storage of my information. Doing so will allow me to log in at any time in the future with my user name and password and to place orders without needing to re-enter my information each time. I may revoke this authorization at any time. Further information is available to me under Privacy Policy at any time."
4. The customer may receive our newsletter by entering his/her e-mail address under Join newsletter and clicking "Subscribe" or during the registration process by clicking "Yes" next to "Subscribe to newsletter." The customer may revoke his/her newsletter delivery authorization at any time effective thereafter. The customer is advised of his/her authorization prior to subscribing as follows:
"I authorize the use of my e-mail address for delivery of the newsletter. I may revoke this authorization at any time. Further information is available to me under Data Protection at any time."
5. Personal data may also be collected if voluntarily entered when filling out the contact form. For answers to questions, the name and e-mail address to which the answer should be sent are required. Additional personal information may be voluntarily entered in the remaining free-text fields. All personal information provided is used exclusively for answering specific questions and is not shared with third parties in any case. Authorization to use the information provided may be revoked at any time effective thereafter. The customer is advised of his/her authorization prior to filling out the contact form as follows:
"You may revoke your authorization for the use of the entered information in answering your questions at any time. Additional information can be found under Data Protection."
6. The customer may at any time request disclosure of any information stored regarding him/her as well as its correction or deletion. In the event that deletion would conflict with legally or contractually-authorized data storage periods, in place of deletion, access to the information may be blocked.
7. The customer may revoke a granted authorization or request the disclosure, correction or deletion of personal information at any time free of charge and without giving reasons, in writing by post to Ars Vivendi AG, Friedrich List-Str. 9a, Gewerbepark Welschingen Haus 4, 78234 Engen, Germany, by fax to number 07733/5053-11 or by e-mail to Zentrale@Ars-Vivendi.de. The customer may also use the Contact Form found under Legal Notice for this purpose. The customer may independently correct information entered during registration at any time by logging into the site. The customer may also independently cancel his/her subscription to the newsletter at any time by clicking on "No" next to "Join newsletter" in the customer-only area, or under Join newsletter by entering his/her e-mail next to "Unsubscribe newsletter" and clicking on "Unsubscribe".
8. Our website uses so-called cookies. A cookie is a text file that is stored on the customer’s computer. They cannot execute programs or bring viruses onto the customer’s computer. The information contained in cookies allows for a particular user-friendliness and facilitates the customer’s navigation of the site. They are also required for carrying out shopping cart functions in the online shop. It is of course possible to view our site without cookies. To do so, the customer must adjust his/her browser settings to reject cookies. This may lead to limited functionality when visiting our website. No orders may be placed unless cookies are authorized. Cookies are deleted immediately at the end of each visit to our website.

Section 10: Links on our website

In the event that we facilitate access to external websites through links, we are not responsible for the content contained therein. We do not adopt outside content as our own and we expressly distance ourselves from all content on all external sites linked from our website. This statement applies to all links to external websites included on our website. Should we become aware of any illegal content on external websites, we shall immediately remove the link to these sites.

Section 11: Copyright

Section 12: Final provisions

1. The laws of the Federal Republic of Germany shall apply. Our customers are subject to these laws only insofar as the protection guaranteed is not revoked by mandatory legal requirements in the country in which the customer ordinarily resides.
2. The requirements of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
3. If at the time legal proceedings are instituted, the customer has no general jurisdiction in Germany or if the place of domicile or ordinary residence is unknown, sole jurisdiction for all disputes arising from this contractual relationship shall be our corporate headquarters.

ARS VIVENDI AG
Represented by the Board of Directors: Alexander Seliger (Diploma in Business Administration from German Fachhochschule), Maria Seliger and Mario Wegner.

Business address:

Friedrich List-Str. 9a
Gewerbepark Welschingen Haus 4
78234 Engen
Germany