AGB

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents

Scope
Contract Formation
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Alternative Dispute Resolution

1.1 These General Terms and Conditions (hereinafter "GTC") of Gerhard Sistig, operating under "Chiwa Cosmetics" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor to their independent professional activity.

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

Contract Formation

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller but serve for the submission of a binding offer by the Customer.
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 completing the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained 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 the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after their order has been submitted.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of 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 consequence that the Customer is no longer bound by their declaration of intent.

2.4.
When selecting a payment method offered by PayPal, the payment is processed through 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.
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 PayPal payment method during the online ordering process, the seller hereby accepts the customer’s offer at the moment the
customer clicks the button that completes the order process.

2.5.
When selecting the "Amazon Payments" payment method, the payment is processed through the payment service provider Amazon Payments Europe
s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe User Agreement,
available at https://payments.amazon.de/help/201751590. By selecting
"Amazon Payments" as the payment method during the online ordering process, the customer also issues a payment order to Amazon by clicking
the button that completes the order process. In this case, the seller hereby accepts the customer’s offer at the moment the customer initiates the
payment by clicking the button that completes the order process.

2.6.
When submitting an offer via the seller’s online order form, the contract text is stored by the seller after the conclusion of the contract and sent
to the customer in text form (e.g., email, fax, or letter) after the customer has submitted the order. The seller does not provide further access to
the contract text. If the customer has created a user account in the seller’s online shop before submitting their order, the order data will be
archived on the seller’s website and can be accessed by the customer via their password-protected user account, using the corresponding login
details, free of charge.

2.7.
Before submitting a binding order via the seller’s online order form, the customer can identify potential input errors by carefully reading the
information displayed on the screen. A useful technical tool to better recognize input errors may be the browser’s zoom function, which enlarges the
screen display. 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 order process.

2.8.
The language available for the conclusion of the contract is German.

2.9.
Order processing and customer communication are generally conducted via 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, the customer must
ensure, when using spam filters, that all emails sent by the seller or by third parties commissioned by the seller to handle the order can be
delivered.

3) Right of Withdrawal

3.1.
Consumers generally have a right of withdrawal.

3.2.
Further details about the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and Payment Terms

4.1.
Unless otherwise stated in the seller’s product description, the prices indicated are total prices, which include statutory VAT. Any additional
delivery and shipping costs that may apply are indicated separately in the respective product description.

4.2.
For deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and must
be borne by the customer. These may include costs for money transfers by credit institutions (e.g., transfer fees, currency exchange fees) or import
duties and taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer if the delivery is not 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 shop.

4.4.
When selecting a payment method offered via the "PayPal" payment service, the payment is processed via PayPal, which may use the services of
third-party payment service providers. If the seller offers payment methods via PayPal where the seller makes advance payments to the customer (e.g.,
purchase on account or installment payments), the seller assigns its payment claim to PayPal or to a payment service provider specified by PayPal.
Before accepting the assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the
transmitted customer data. The seller reserves the right to refuse the selected payment method in the event of a negative credit check. If the
selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or intervals. In this case, the
customer can only make payments to PayPal or the payment service provider with a debt-discharging effect. However, the seller remains responsible for
general customer inquiries, such as those related to the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and refunds,
even in the event of an assignment of the claim.

4.5.
When selecting the credit card payment method, the invoice amount becomes due immediately upon conclusion of the contract. The credit card payment
processing is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which is authorized by the seller to collect the claim
in the seller’s name. PAYONE GmbH collects the invoice amount from the customer’s specified credit card account. The credit card is charged
immediately after the customer submits their order in the online shop. The seller remains responsible for general customer inquiries, such as those
related to the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and refunds, even when the credit card payment method is
selected via PAYONE GmbH.

4.6.
When selecting the credit card payment method, the invoice amount becomes due immediately upon conclusion of the contract. The credit card payment
processing is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the seller assigns its payment
claim. secupay AG collects the invoice amount from the customer’s specified credit card account. In the event of assignment, payment can only be
made to secupay AG with a debt-discharging effect. The credit card is charged immediately after the customer submits their order in the online shop.
The seller remains responsible for general customer inquiries, such as those related to returns, complaints, withdrawal declarations, and refunds,
even when the credit card payment method is selected via secupay AG.

4.7.
When selecting the credit card payment method via Stripe, the invoice amount becomes due immediately upon conclusion of the contract. The payment is
processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
(hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method in the event of a negative
credit check.

5) Delivery and Shipping Terms

5.1.
If the seller offers shipping of the goods, delivery is made within the seller's specified delivery area to the delivery address provided by the
customer, unless otherwise agreed. The delivery address provided by the customer during the seller’s order processing is decisive for the
transaction. However, if the payment method PayPal is selected, the delivery address provided by the customer at the time of payment with PayPal is
decisive.

5.2.
If the delivery of the goods fails due to reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the
seller. This does not apply to the costs of the initial delivery if the customer exercises their right of withdrawal effectively. For the return
costs, the provisions in the seller’s withdrawal policy apply in the event of an effective exercise of the right of withdrawal.

5.3.
If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as
the seller has delivered the goods to the carrier, the freight forwarder, 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 sold goods generally only passes to the customer
upon handover of the goods to the customer or a person authorized to receive them. However, if the customer has entrusted the carrier, the freight
forwarder, or the person or institution otherwise designated to carry out the shipment with the execution, and the seller has not previously named
this person or institution to the customer, the risk passes to the customer as soon as the seller has delivered the goods to the carrier, the freight
forwarder, or the person or institution otherwise designated to carry out the shipment.

5.4.
The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. 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 all
reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the customer will be informed immediately, and any
payments will be refunded without delay.

5.5.
Collection by the customer is not possible for logistical reasons.

6) Retention of Title
If the seller makes an advance delivery, the seller retains ownership of the delivered goods until the full payment of the owed purchase price has
been made.

7) Liability for Defects (Warranty)
Unless otherwise specified in the following provisions, the statutory provisions on liability for defects apply. For contracts involving the delivery
of goods, the following applies:

7.1.
If the customer is a business:

- The seller has the choice of the type of subsequent performance.
- The limitation period for defects in new goods is one year from delivery.
- Rights and claims for defects in used goods are excluded.
- The limitation period does not start anew if a replacement delivery is made under liability for defects.

7.2.
If the customer is a consumer, the following applies to contracts for the delivery of used goods with the limitation in the next clause: The
limitation period for defect claims is one year from delivery of the goods, provided this has been expressly and separately agreed between the parties
and the customer was specifically informed of the shortened limitation period before submitting their contractual declaration.

7.3.
The above limitations of liability and shortened periods do not apply:

- To claims for damages and reimbursement of expenses by the customer.
- If the seller has fraudulently concealed a defect.
- To goods that have been used for a building according to their usual use and have caused the building to be defective.
- To any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4.
Additionally, for business customers, statutory limitation periods for any statutory recourse claims remain unaffected.

7.5.
If the customer is a merchant as defined by § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give
notice of defects as stipulated in § 377 HGB. If the customer fails to comply with the inspection and notification obligations stated therein, the
goods are deemed approved.

7.6.
If the customer is a consumer, they are encouraged to report goods with obvious transport damage to the delivery agent and inform the seller. Failure
to do so has no effect on their statutory or contractual claims for defects.

8. Applicable Law
All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale
of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of
the law of the state in which the consumer has their habitual residence.