Terms of service

This is a translation for your convenience. The legally binding version is the German one.

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices, member prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Returns, return shipping costs and the voluntary Miles alternative
8. 304 Inner Circle: membership and Miles
9. Redeeming Miles, discount codes and rewards
10. Referral programme and challenges
11. Creator programme
12. Liability for defects (warranty)
13. Liability
14. Applicable law
15. Alternative dispute resolution
16. Final provisions

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1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Lorenz & Rotsch GbR, Sandheide 28, 21714 Hammah, Germany (hereinafter "Seller") apply to all contracts for the supply of goods that a consumer or trader (hereinafter "Customer") concludes with the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.

1.2 These GTC also apply to participation in the "304 Inner Circle" membership programme (sections 8 to 10) and to participation in the Creator programme (section 11).

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

1.5 The Seller sells exclusively to persons who have reached the age of 18. Minors may only order with the consent of their legal guardian.

2) Conclusion of contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller; they serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the basket 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 (email), in which case receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

Where several of the above alternatives apply, the contract is concluded at the point in time at which one of the above alternatives occurs first. 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 their declaration of intent.

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 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 for payments without a PayPal account. If the Customer pays using a payment method offered by PayPal and selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes 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 (for example by email) after the Customer has sent the order. The Seller does not make the text of the contract accessible beyond this.

2.6 Before submitting the order via the Seller's online order form in a binding manner, the Customer can identify possible input errors by carefully reading the information displayed on 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 concludes the ordering process.

2.7 The German language is 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 that 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 withdrawal instructions. They are available at https://304supply.de/policies/refund-policy and form part of the pre-contractual information. These GTC do not repeat the instructions, so that there cannot be two versions with differing wording.

3.3 The consumer may also declare their withdrawal online via the Seller's returns portal at https://304supply.de/pages/retoure. The Seller confirms receipt of the withdrawal declaration without delay on a durable medium (section 356 (1) BGB).

3.4 The Miles credit under section 7 is a voluntary additional option offered by the Seller. It does not restrict the statutory right of withdrawal, does not replace it and does not shorten any statutory period.

4) Prices, member 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 The payment options are communicated to the Customer in the Seller's online shop.

4.3 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. The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use further payment services for which special payment terms may apply, on which the Customer is informed separately. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-de.

4.4 Member prices

4.4.1 Members of the 304 Inner Circle see different prices for part of the range than non-members. The member price is the price at which the member can buy. It is not a time-limited promotional price and does not create any entitlement for non-members.

4.4.2 The price displayed during the ordering process immediately before the order is placed is decisive.

4.4.3 Membership is free of charge and open to everyone. A customer who wishes to use the member price can join free of charge at any time.

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area stated by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address stated in the Seller's order processing 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 to the costs of outbound shipping if the Customer effectively exercises their right of withdrawal. With regard to the return shipping costs, where the Customer effectively exercises the right of withdrawal, the provision made in the Seller's withdrawal instructions and section 7.2 of these GTC apply.

5.3 If the Customer acts as a trader, 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 forwarder, 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 on handover of the goods to the Customer or a person authorised to receive them. By way of derogation, the risk also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer commissioned that person or institution to carry out the shipment and the Seller had not previously named them to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to itself. This applies only where the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed without delay and the consideration refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Where goods are offered as bundles consisting of several items, a partial return of individual components is excluded. Withdrawal or a return can only be made in respect of the entire bundle.

5.7 Where free items (for example promotional gifts or add-ons) are supplied with certain orders, these are an inseparable part of the order. In the event of a withdrawal or a return of the main goods, the Customer is obliged to return any free items received as well. Keeping free items separately is not possible.

5.9 Shipping is carried out via DHL. The Seller provides the Customer with a tracking number as soon as the parcel has been handed over.

6) Retention of title

Where the Seller performs in advance, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Returns, return shipping costs and the voluntary Miles alternative

7.1 Two routes, but only one per order

7.1.1 For a return, the Customer can choose between two routes:

• Route A, money back: The Customer declares withdrawal under section 3. The Seller refunds the purchase price in accordance with the statutory rules as soon as the return has reached the Seller or the Customer has provided proof of dispatch.
• Route B, Miles credit: Instead of a monetary refund, the Customer receives 1.5 times the value of the goods as a Miles credit in their Inner Circle account. The credit is granted immediately when the return is initiated in the returns portal, without the Seller waiting for the goods to arrive.

7.1.2 Only one of the two routes is possible per order. If the Customer chooses Route B, the monetary refund for the same order ceases to apply. If the Customer demands a monetary refund for the same order, a Miles credit already granted will be withdrawn.

7.1.3 Route B requires membership of the 304 Inner Circle. Membership is free of charge.

7.1.4 Route B is a voluntary offer by the Seller. The Customer does not have to choose it. The statutory right of withdrawal under section 3 remains fully intact. The Customer cannot demand Route B, and the Seller cannot impose it.

7.1.5 Under Route B as well, the Customer is obliged to return the goods. Route B is not a waiver of the return.

7.2 Return shipping costs

7.2.1 When exercising the right of withdrawal, the Customer bears the direct cost of returning the goods. The Seller has informed the Customer of this in the withdrawal instructions (section 357 (6) BGB).

7.2.2 The Seller bears the return shipping costs if the goods were damaged, defective or wrongly delivered. In that case the Customer contacts info@304supply.de before returning them.

7.2.3 Please do not return the goods carriage forward. A returns slip is not required. The Customer encloses a note with their order number. The return address is:

Lorenz & Rotsch GbR, Sandheide 28, 21714 Hammah, Germany

7.2.4 The requests in section 7.2.3 are not a condition for the effectiveness of the withdrawal.

7.3 Withdrawal of the Miles credit

7.3.1 Because the credit under Route B is granted immediately and before the goods arrive, the following applies:

• If the return does not reach the Seller within 40 days of the credit being granted, the Seller may withdraw the credit.
• If the order is refunded in money in full or almost in full, the credit is likewise withdrawn (section 7.1.2).

7.3.2 At most the amount still held in the Miles account at the time of the withdrawal is withdrawn. The Miles account cannot go into negative as a result of a withdrawal. If the Customer has spent the credit in the meantime, the Seller will not claim anything further.

7.3.3 The Seller informs the Customer of a withdrawal in text form.

7.4 Limits to protect against misuse

7.4.1 Per customer, at most one open return is possible at any one time. A case is no longer regarded as open after 30 days and then no longer blocks a further return.

7.4.2 Per customer, at most three Miles credits under Route B are possible within 90 days.

7.4.3 These limits relate exclusively to the voluntary offer under Route B. They do not restrict the statutory right of withdrawal or the right to a monetary refund.

7.5 Condition of the goods

7.5.1 Please return the goods unworn, in their original condition and, if possible, in the original packaging. For any diminished value resulting from handling the goods other than what is necessary to establish their nature, characteristics and functioning, the Customer must pay compensation for the loss in value in accordance with the statutory rules.

8) 304 Inner Circle: membership and Miles

8.1 Membership

8.1.1 The 304 Inner Circle is a free membership programme of the Seller. There is no entitlement to admission.

8.1.2 Registration takes place with an email address. No password is issued. Access is via a one-time login link that is valid for 30 minutes. The Customer is obliged not to pass on the login link.

8.1.3 Each person may hold only one member account.

8.1.4 The Customer may end the membership at any time without notice and without giving reasons. An informal message to info@304supply.de is sufficient. Upon termination, all Miles not yet redeemed expire without compensation.

8.1.5 The Seller may terminate the membership with four weeks' notice in text form. The Customer may still redeem their Miles within this period. In the event of a serious breach of these GTC, in particular misuse under section 8.6, the Seller may terminate the membership without notice and cancel Miles not yet redeemed without compensation.

8.2 Miles: what they are and what they are not

8.2.1 Miles are a loyalty point credit granted by the Seller.

8.2.2 Miles are expressly:

• not legal tender and not e-money
• not payable in cash
• not transferable to other persons
• not tradable, not saleable and not inheritable
• not combinable across several accounts

8.2.3 Miles do not create any entitlement to a cash payout, not even pro rata and not even on termination of the membership.

8.2.4 Conversion rate: 100 Miles correspond to EUR 1.00 discount when redeemed in the basket.

8.2.5 The Seller may change the conversion rate and the earning rates for the future. It will announce a change at least four weeks in advance in text form. Miles already credited retain the value applicable at the time of the credit until they expire.

8.3 How Miles arise

8.3.1 The Customer receives Miles on the value of the goods in their paid orders. The rate depends on their class. Shipping costs and discounts already redeemed do not count.

8.3.2 The classes and rates are:

Class	from total spend	Miles per EUR 1 of goods value
Passenger	EUR 0	5
Economy Class	EUR 45	10
Business Class	EUR 130	15
First Class	EUR 260	20
Pilot's Suite	EUR 500	25
Pilot Cockpit	EUR 1,200	30
Private Jet	EUR 3,000	40

The total turnover generated with 304supply is decisive.

8.3.3 There may be further credits for: registration (200 Miles), each follow-up order with a goods value of EUR 29.99 or more (500 Miles), the birthday stored, challenges completed under section 10 and successful referrals under section 10.

8.3.4 Miles are only credited once the order has been paid. In the event of a withdrawal, a return or a refund, the Miles credited for it are deducted again.

8.3.5 Collected and redeemable are two different things. Anyone who registers as a new member collects Miles immediately. They can only redeem them once they have confirmed their email address via the confirmation link. Until then, the dashboard shows the balance, but the basket does not deduct the Miles. Customers who have already ordered and paid with us are not affected by this. The period under section 8.4 also runs during the time in which the Miles are not yet redeemable.

8.4 Expiry of Miles

8.4.1 Miles expire 100 days after the last credit to the Miles account.

8.4.2 Expiry is rolling and applies to the entire balance together. The account has only one single expiry date, not a separate one for each credit. Every new credit resets this date to 100 days from the day of the credit. This applies to every kind of credit, not only to orders: that is, also to completed challenges, the birthday bonus, referral bonuses, a return credit under section 7 and the reversal of a discount code not redeemed under section 9.3.

8.4.3 If the expiry date is exceeded, the entire balance expires at once. The individual, oldest partial amount does not expire on its own.

8.4.4 The Customer can view their Miles balance and the expiry date at any time in their member dashboard.

8.4.5 The Seller reminds the Customer before expiry by email, namely 30 days, 7 days and 1 day beforehand. These reminders are promotional emails. The Customer only receives them if they have consented to receiving promotional emails. Without this consent, the Seller does not send a reminder by email. The balance in the member dashboard remains viewable by every customer at any time.

8.4.6 A separate, shorter period of 14 days from activation applies to a special starting credit (founding member or existing customer credit). The Customer is expressly informed of this when the credit is granted. If this starting credit expires, only the portion of it not yet used is deducted, never Miles earned in the regular way.

8.4.7 Expired Miles are not replaced.

8.5 Account and balance

8.5.1 The Miles balance is shown in the member dashboard. The Customer checks their balance themselves and reports discrepancies to info@304supply.de.

8.5.2 The Seller may correct obviously incorrect credits, in particular credits arising from a technical error.

8.6 Misuse

8.6.1 The following in particular are not permitted: creating several accounts by the same person, splitting an order into several small orders in order to receive bonuses multiple times, false information in challenges, inventing referrals and the use of automated tools.

8.6.2 In the event of a breach, the Seller may cancel the Miles concerned, reclaim rewards and terminate the membership under section 8.1.5.

9) Redeeming Miles, discount codes and rewards

9.1 Miles can be deducted directly from the price in the basket or redeemed for the rewards offered in the member dashboard.

9.2 On redemption, the Miles are debited from the account immediately and a discount code is generated. The discount code is valid for 90 days.

9.3 If a discount code generated in this way is not redeemed within these 90 days, it is deactivated and the Miles debited for it are credited back to the account. The Customer therefore does not lose their balance if they forget a code. The Miles credited back are again subject to expiry under section 8.4. Because the reversal is a credit, the period under section 8.4.2 begins to run afresh for the entire balance.

9.4 A discount code is valid only once, only for the stated purpose and not in combination with other discount codes, unless expressly stated otherwise. A minimum order value may apply to individual rewards. It is stated with the reward.

9.5 For rewards that the Seller fulfils by hand (for example an engraving, an individually made piece or an invitation), the following applies: after redemption, the Customer receives proof of entitlement. The Seller contacts the Customer to make arrangements. The delivery time depends on the respective reward and is communicated separately. Individual rewards can only be redeemed once per member and only from a certain class upwards. These conditions are stated with the respective reward.

9.6 Rewards and reward conditions may change. There is no entitlement to a particular reward as long as it has not been redeemed. Rewards already redeemed remain unaffected.

9.7 Free items, free shipping and rewards are not goods within the meaning of a separate contract of sale. In the event of a withdrawal, section 5.7 applies.

10) Referral programme and challenges

10.1 Referrals

10.1.1 Members can invite other people via a personal link.

10.1.2 The referrer receives 1,000 Miles for each qualifying order placed by the referred person. The referred person receives 1,000 Miles on a one-off basis with their first qualifying order.

10.1.3 An order qualifies from a goods value of EUR 29.99 that has been paid and not withdrawn.

10.1.4 A maximum of 10 referrer bonuses are credited per referrer and calendar month.

10.1.5 The referrer must not contact the referred person without their consent and must not use their data without permission. The Seller only contacts a referred person if that person has consented themselves.

10.1.6 Self-referral, that is a referral to oneself or to a further account of one's own, is excluded.

10.2 Challenges

10.2.1 The Customer may receive additional Miles for certain actions, for example for storing their birthday or telephone number, for following on Instagram or TikTok, or for publishing a post.

10.2.2 Participation is voluntary. The Customer is not obliged to carry out any of these actions, and not taking part has no disadvantages when purchasing.

10.2.3 For challenges that require a submission, the credit is only granted after review by the Seller. There is no entitlement to approval if the submission clearly does not meet the requirements.

10.2.4 Obligation to label advertising

10.2.4.1 Miles have a monetary value (section 8.2.4). Anyone who publishes a post about 304supply and receives Miles for it is therefore remunerated for it. Such a post is advertising and must be labelled as advertising.

10.2.4.2 The Customer is obliged to label every post they publish as part of a challenge clearly, legibly and at the beginning of the post as advertising. The German words "Werbung" or "Anzeige" are suitable. A mere brand reference, an asterisk, a hashtag at the end of a long list, simply linking to the Seller or an English-language addition alone are not sufficient. The legal framework is section 5a (4) UWG in conjunction with the requirements of the state media authorities.

10.2.4.3 The Customer additionally observes the labelling requirements and tools of the respective platform, for example the labelling of paid partnerships.

10.2.4.4 Proper labelling is a condition of the credit. The Seller reviews the submission for this. If the labelling is missing, the submission is rejected and no Miles are credited. If labelling is subsequently removed, the Seller may cancel the Miles credited for it under section 8.6.2.

10.2.4.5 The Customer acknowledges that the Seller too can be held liable for an unlabelled post. Labelling is therefore in the interest of both sides.

10.2.5 The Customer does not publish any posts that infringe the rights of third parties. If other people are identifiable in a post, the Customer obtains their consent beforehand.

11) Creator programme

11.1 The Seller operates a Creator programme. Participation requires an application and its acceptance by the Seller. There is no entitlement to admission.

11.2 Participation takes place on a self-employed basis. No employment relationship and no contract of service arises. The Creator is responsible for the proper taxation of their income and for registering with the competent authorities.

11.3 The Creator receives a personal discount code and a personal link. Only sales that came about via this code or link and have not been returned are remunerated.

11.4 The commission depends on the tier:

Tier	Commission	Requirement
Creator	10 %	from 5 published creatives
Brand Ambassador	15 %	from 15 sales or 15 creatives
Core Creator	20 %	from 50 sales or 30 creatives
Elite Creator	25 %	from 150 sales

Promotion happens automatically and applies from the next sale.

11.5 The basis for calculating the commission is the net value of the goods in the order, excluding shipping costs, excluding VAT and after deduction of any discounts granted. Returned or cancelled orders do not give rise to any commission; commissions already paid out are offset against future payouts.

11.6 Accounting and payout take place monthly by bank transfer. The previous month is settled in each case. Payout takes place by the 15th of the following month.
A minimum payout amount of EUR 25 applies.
Amounts below this threshold are carried over to the following month.

11.7 An entitlement to commission only arises once the withdrawal period for the underlying order has expired and the order has been paid in full. If an order is subsequently withdrawn or refunded, the commission ceases to apply and is offset against the next settlement.

11.8 The Creator labels every post created as part of the programme as advertising. In doing so, they observe the requirements of section 5a (4) UWG and the rules of the respective platform.

11.9 Rights of use in submitted content

11.9.1 What is covered. This section applies to all content that the Creator makes available to the Seller as part of the programme or publishes as part of the programme: videos, photos, texts, audio recordings and combinations thereof (hereinafter "Content").

11.9.2 Scope of the grant of rights. The Creator grants the Seller a non-exclusive, territorially unlimited, transferable right of use in the Content. In particular, the Seller may:

• publish the Content on its own websites, in the online shop and in its own social media profiles,
• use it in paid advertising, expressly including as a TikTok Spark Ad and as an advertisement on Meta (Instagram and Facebook),
• crop, shorten, subtitle, underlay with music or text and incorporate it into other advertising materials for advertising purposes, provided the meaning of the Content is not distorted in the process,
• pass it on for these purposes to the respective platform and to commissioned agencies.

A non-exclusive right means: the Creator may continue to use the Content themselves and may also grant rights in it to other third parties, unless exclusivity from a separate agreement conflicts with this.

11.9.3 Duration. The right of use applies for 24 months from the day on which the Creator submitted or published the respective Content. It does not end automatically with the termination of participation under section 11.11, because advertisements already running would otherwise have to be stopped in the middle of their term. After the period has expired, the Seller ceases further advertising use.

11.9.4 Withdrawal by the Creator. The Creator may withdraw the grant of rights for particular Content at any time in text form. The Seller then ends further use of that Content within 14 days. It needs this time to switch off running advertisements. Advertising already delivered and advertising materials already printed remain unaffected. In the event of a withdrawal, any separate remuneration under 11.9.5 ceases to apply pro rata for the future.

11.9.5 Remuneration. The grant of rights under 11.9.2 is covered by the commission under section 11.4 and by products provided free of charge under section 11.10. No separate remuneration is owed for the advertising use. Diverging agreements for individual campaigns are possible and take precedence over this section (section 11.12).

11.9.6 Creator's warranty. The Creator warrants that they are entitled to dispose of the rights granted in the Content. In particular, they warrant that

• they are the author themselves or hold the necessary rights,
• no rights of third parties in music, image material, fonts or trade marks are infringed,
• all identifiable persons in the Content have consented to publication and to the advertising use (sections 22, 23 KunstUrhG), and
• in the case of minors, the consent of the legal guardians has been obtained.

The Seller may request proof of these consents. As long as the proof is not available, the Seller does not have to use the Content.

11.9.7 Attribution. The Seller names the Creator when using the Content, insofar as the format permits. There is no entitlement to attribution in paid advertising.

11.9.8 Access to the Creator's account. For a TikTok Spark Ad, the Seller needs an authorisation code from the Creator's account. The Creator provides this code voluntarily. In doing so, they grant the Seller no access to their account and can withdraw the authorisation in their account at any time. Section 11.9.4 applies accordingly.

11.10 Products provided free of charge become the property of the Creator on handover. There is no obligation to return them when the collaboration ends.
The value of products provided free of charge may be subject to tax. The Creator is responsible for this themselves.

11.11 Either side may end participation at any time with 14 days' notice in text form. Commissions already earned will still be settled.

11.12 The details of the collaboration may be governed by a separate agreement. That agreement takes precedence over this section.

12) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the rules on statutory liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

12.1 If the Customer acts as a trader,

• the Seller has the choice of the type of subsequent performance,
• the limitation period for claims for defects in new goods is one year from delivery of the goods,
• claims for defects in used goods are excluded,
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

12.2 The limitations of liability and shortened periods set out above do not apply

• to claims of the Customer for damages and reimbursement of expenses,
• in the event that the Seller has fraudulently concealed the defect,
• to goods which, in accordance with their customary use, have been used for a building and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

12.3 In addition, for traders the statutory limitation periods for any statutory right of recourse remain unaffected.

12.4 If the Customer acts as a merchant within the meaning of section 1 HGB, they are subject to the commercial duty to examine the goods and give notice of defects under section 377 HGB. If the Customer fails to comply with the notification obligations set out there, the goods are deemed approved.

12.5 If the Customer acts as a consumer, they are asked to report goods delivered with obvious transport damage to the delivery agent and to inform the Seller of this. If the Customer does not do so, this has no effect whatsoever on their statutory or contractual claims for defects.

12.6 The Seller points out that stainless steel jewellery may develop signs of wear with intended use. Normal signs of wear are not a defect.

13) Liability

The Seller is liable to the Customer under all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

13.1 The Seller is liable without limitation on any legal ground

• in the case of intent or gross negligence,
• in the case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.

13.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited under the preceding section. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

13.3 Otherwise, liability on the part of the Seller is excluded.

13.4 The above provisions on liability also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

13.5 The Seller does not owe uninterrupted availability of the online shop, the member dashboard or the returns portal. Maintenance work and faults may lead to temporary restrictions. If the Customer is unable to redeem their Miles in time before expiry because of a fault on the Seller's side, the Seller extends the period by the duration of the fault.

14) Applicable law

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. In the case of consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

15) Alternative dispute resolution

15.1 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. It does not take part in such a procedure (section 36 (1) no. 1 VSBG).

15.2 The European Commission has discontinued its online dispute resolution platform. There is no longer any obligation to refer to that platform or to link to it. The Seller therefore does not mention it.

15.3 Consumers can address complaints directly to the Seller at any time. The contact details are in the legal notice and in section 1 of these GTC. The Seller endeavours to resolve every complaint by agreement.

16) Final provisions

16.1 If the Customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the Seller's registered office.

16.2 The Seller may change these GTC for the future. It notifies the Customer of the amended version at least six weeks before it takes effect in text form and thereby informs them of their right to object and of the significance of their silence. If the Customer does not object within the period, the change is deemed accepted. If they object, the old version continues to apply to ongoing contracts, and the Seller may terminate the membership under section 8.1.5. The version applicable at the time of conclusion always applies to contracts of sale already concluded.